What is mediation?
Mediation is a non-adversarial dispute resolution process. A neutral third party, the mediator, helps the two sides reach a resolution acceptable to them both, through a series of respectful conversations. The mediator has no decision-making authority.
What issues do you address in mediation?
I help address relationship issues in family and workplace settings, from minor irritations to legal issues such as separation and divorce. The range of issues is infinite. They are unique to each case. Communication is the one issue relevant to all cases.
How much does mediation cost?
My fees are $210/hr. + HST = $237.30/hr. That’s $118.65/hr per person when costs are split equally. I also provide reduced rates to clients who qualify. Although these fees can be an impediment to some people, they are vastly less expensive than litigation.
Do you offer free consultations?
Yes. I require an initial, free-of-charge session with each party. Prior to accepting payment, I must assess whether the case is appropriate to my skills, and describe the process so you can make a fully informed decision about whether to move forward.
What is the protection for privacy?
I only offer closed mediations. That means nothing said in mediation is admissible in court. Everything is confidential, unlike court statements which are on the public record.
How do I know mediation will be fair?
Power imbalances exist in all conflicts. To ensure a balanced process, I can introduce accommodations such as a support person or separate rooms for each party. If a perception of unfairness arises, it gets named, addressed and resolved or the process is terminated.
What if one party is right and the other is wrong?
We’re not passing judgment, presenting evidence or proving a case. Even those who have behaved poorly have legitimate feelings and needs. We don’t mediate opinions or beliefs. The goal is to agree on behaviours that will reduce future conflict and improve relationships.
What happens if one party refuses to mediate?
Mediation must be voluntary, from the start and all the way through, and both must be willing. I can reach out to hesitant individuals to describe options, respond to their concerns and assure them it is safe, autonomous and confidential. It is up to them to decide.
Can youth request mediation?
Yes, I frequently assist youth who are at odds with peers in school or with parents/siblings at home. This enables their voice to be heard. They are empowered by participating in conversations that build understanding and in creating solutions respectful to both sides.
"We've tried to talk already. Why should we meditate?"
If “kitchen table” conversations are productive, there is no need to bring in a third party. But most people aren’t trained in conflict communication. Tempers get hot. Voices rise. People stop listening to one another. That’s when the facilitator can make a world of difference.
Couldn’t we do it ourselves without your help?
Yes, and you would save money. But it takes a lot of skill and patience to communicate successfully about difficult subjects. I’m experienced at managing the “temperature in the room” to ensure each person is heard and understood. I model (and often offering coaching on) conflict communication skills and strategies that remain with you after mediation ends.
Is a mediation agreement binding?
No, a mediated agreement (called a Memorandum of Understanding) is not signed and not legally binding. If you wish to make the agreement legally binding, the terms agreed upon are converted by a lawyer into a more formal document to be signed by all participants.
What happens if I say something in mediation but then change my mind?
You are free to change your mind at any time during mediation. Once terms have been agreed upon, then no party can unilaterally impose a change.
How is mediation different than arbitration?
Arbitration is an adversarial dispute resolution process that is similar to court, but is usually held in a less formal setting. Each party presents their argument to the arbitrator, who has full authority to make a binding and final decision.
What are the advantages of mediation over court?
You control the time. You control the costs. You control the outcomes. Complete privacy and confidentiality. The process is flexible to your needs. Relationships typically improve since mediation encourages participants to collaborate on a solution that satisfies both sides.
What are the disadvantages of mediation compared with court?
It is possible for mediation to not reach a settlement. That’s it’s only disadvantage. Even when no settlement is reached, parties usually understand one another more respectfully.
Does mediation only work when two people are involved?
No. Two participants is the standard situation, but I also offer multi-party mediation sessions for up to 3 or 4 participants, and restorative justice circles for groups of up to 15.
ABOUT THE AUTHOR
Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.
