MEDIATION

MEDIATION

Mediation is a process in which a neutral third party, called a mediator, helps the parties in a dispute communicate and negotiate to reach a mutually acceptable solution. Unlike a judge or arbitrator, the mediator does not make decisions or impose a solution but facilitates dialogue and guides the parties toward finding common ground.

Some of the benefits of mediation are:

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• Confidentiality: information shared or agreements created in mediation are not filed in court or otherwise publicly available, with the exception of the final divorce documents.

• Cost: the cost of mediation can be shared between the parties

• Voluntary and party-driven: mediation is voluntary, and the mediator cannot make decisions. The parties have more control over the process and the outcomes.

• Flexibility: meetings are scheduled according to the availability of the parties and the mediator and thus offer much greater flexibility than a court process. As such, in most cases, parties will be able to reach resolution much more quickly.

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In Alberta, no particular credentials are required to be a mediator. That said, good mediators do have extensive training and experience, and usually have a designation with a mediation organization, such as the Alberta Family Mediation Society (AFMS), or the Alternative Dispute Resolution Institute of Alberta (ADRIA). Mediators can have different backgrounds, such as law, finance, or mental health.

You may choose to have a lawyer present during the mediation process, but it is not required. Parties may choose to attend a mediation independently, to bring a lawyer with them, or to have a lawyer advising them between meetings.

Mediation can be conducted in person or virtually. Virtual mediation is a great solution in situations where the parties are not located in the same place. Virtual mediation may also be a good option for parties who wish to mediate but may not be comfortable being in the same room together.

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