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Ontario|Arbitration / Mediation
504 How to prepare for mediation Mediation is most effective when the people or companies who have a dispute have considered what is likely to happen if they are not able to settle their disagreement. To understand what could happen, each person or company should have spoken to a lawyer, at least for a consultation, and have asked the lawyer to explain to them what the possible outcomes of the disagreement could be if a court were to make the decision. The people or companies must have a reasonable understanding of what the courts might decide and what it will cost in legal expenses to go to trial before they start mediation.
For mediation to be most useful, everyone must come prepared. This requires each side to make sure that any reports, invoices, financial statements or other documents that they feel are helpful in supporting their position are made available in the mediation. These are the same documents that the parties would exchange if the case went to court. The documents should be put together is a logical order and a copy made for everyone who will attend the mediation. Your lawyer will be able to assist you or prepare all the documents on your behalf.
The best preparation for mediation is to understand what it is that you really want to get out of a settlement, and to try and understand what it is that the other party is likely to want.
Mediation is most effective when the parties and their lawyers are all in agreement that mediation is a useful process and is appropriate in the circumstances.