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Ontario|Arbitration / MediationMediation 506 The mediation process: Roles and functions Mediation usually takes place at the office of the mediator, or at a place provided by the mediator. If there are several parties involved in a dispute, they may all agree to have a mediation meeting in a larger place, such as a meeting room in a hotel.
- Mediators' role
The mediator usually takes time before the first session to meet with the parties individually. The purpose of the initial meeting is to give the mediator the opportunity to hear the positions of each of the parties and to identify the issues that are in dispute. The mediator will be clear with each one of the individual parties that he or she is not representing any person or position and will not be taking sides. The mediator will also explain how the process works so that everyone has the same understanding of what will happen when all the parties are together.
The main role of mediators is to ensure that they are neutral participants in the meetings. The mediator is trained to assist the parties to listen to one another and to make sure that everyone feels that they are being heard. The mediator assists the parties to exchange their opinions without needless conflict and helps them to solve one problem at a time. The mediator will, with the agreement of the parties, give suggestions, if he or she feels that the discussions are stalled.
- Lawyers' role
The parties may attend mediation with or without their lawyers. If they are in attendance with their legal representatives, they are still the primary participants in the mediation. The lawyers' role is to provide guidance on legal aspects of possible settlement options.
- Parties' role
The role of the parties themselves is to bring to the discussions an intention to bargain in good faith. Mediation is most successful if the participants themselves have considered what will likely happen if they do not settle their dispute in the mediation. For example, if the parties know that the alternative to reaching an agreement in mediation is a lengthy trial with the final decision being made by the court, both parties may be more likely to compromise and negotiate in order to reach an agreement.
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