Area of Law: Alternative Dispute Resolution (ADR) - Arbitration and Mediation
Answer # 0530
How to prepare for mediationRegion: Ontario Answer # 0530
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.
It is advisable for each party to:
- Provide reports, invoices, financial statements or other documents that they feel are helpful in supporting their position. These are the same documents that the parties would exchange if the case went to court. Your lawyer will be able to assist you or prepare all the documents on your behalf.
- Compile documents in a logical order and make copies for everyone participating in the mediation.
- Have a good idea of the issues to be decided.
- Know what results they want to get out of the settlement.
- Try to 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.
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