Alternative Dispute Resolution Solutions
Mediation Services
What is Mediation?
"Mediation means a process in which a Mediator facilitates and encourages communication and negotiation between the Mediation parties, and seeks to assist the Mediation parties in arriving at a voluntary agreement:" Mediation Act.Benefits of Mediation
Avoid Court
Mediation clients typically do not go to court. At the end of the mediation, the mediator or a lawyer will prepare all of the paperwork and file it with the court.
Faster Agreements
Litigated cases can take as little as six months and as long as several years. Mediations, on the other hand, occur on the participants’ timeline and can, therefore, be done far quicker, often in as little as a couple of months (or less).
Client Control
Mediation clients decide the terms of their own agreement with the assistance of the mediator. There is no final agreement unless both clients agree to it. Mediation allows you to eliminate the possibility that a judge will order something that makes no sense to you.
Reduced Cost
Traditional litigation is very expensive and the total cost is highly unpredictable. Additionally, litigation clients are often required to pay the other side’s attorney fees as well. Mediation costs far less because the focus is on constructive resolution, not “destroying” the other side. Mediation is far less expensive because you spend your time actively working on resolving your case rather than filing motions, etc. Further, mediation costs are predictable because you are present for most (if not all) of the time the mediator spends on your case.
Greater Client Satisfaction
Mediation participants report a high degree of satisfaction with both the process of mediation and the mediated agreements they reach. Even if a litigation client is satisfied with the outcome, they are typically dissatisfied with the cost, stress, uncertainty and acrimony associated with litigation. Further, if one litigant is happy with the outcome, that usually means the other litigant is unhappy and may file an appeal.
Maintains Privacy
Mediation is a private process which usually takes place at the Dispute Resolution Centre rather than in a public courtroom. Generally speaking, mediation clients are allowed to decide what goes into the paperwork (which still becomes public record). In litigated cases you often have ugly allegations and personal information that ends up in the public record, whereas mediation allows you to avoid that.
Preservation of Relationships
Whether in business or in family disputes, preservation of relationships can be a key benefit of mediation. Mediation helps participants focus on effectively communicating with one another as opposed to attacking one another.
The Mediation Process
1
Parties contact Dialogue Solutions to request Mediation Services.
2
Dialogue Solutions will forward the Request for Mediation Form for both parties to complete or a joint letter could be sent by both parties with the relevant information.
3
Upon receipt of the completed form(s), Dialogue Solutions will prepare a list of potential Mediators for consideration by the parties which will contain the Mediator’s profile and the relevant fees. This information will be sent simultaneously to both parties and all costs are shared equally by the parties.
4
Commence the Mediation Process. Upon notification of the agreed Mediator, Dialogue Solutions will coordinate with the Mediator and the parties to commence the Mediation Process.
5
The matter will either be resolved, terminated or a follow-up session will be scheduled.
Request Mediation Services
Arbitration Services
What is Arbitration?
Arbitration is a non-judicial process for the settlement of disputes where an independent third-party, an Arbitrator, makes a binding decision.The Arbitration Process
1
Contact Dialogue Solutions to request Arbitration Services.
2
Dialogue Solutions forwards its Request for Arbitration form to be completed by both parties or a joint letter is sent to Dialogue Solutions with all relevant information. Parties may decide on an individual or a joint submission of this form.
3
Upon receipt of the completed form(s,) Dialogue Solutions will prepare a list of potential arbitrators for consideration by the parties. Included will be the arbitrator’s profile and all relevant fees. This information is sent simultaneously to both sides. The cost of the arbitration is shared equally by the parties.
4
Upon notification of the agreed arbitrator, Dialogue Solutions will coordinate with the arbitrator and the parties to commence the arbitration process.
Request Arbitration Services
Dialogue Solutions
Dialogue Solutions: "a discussion or series of discussions that individuals, groups or countries have in order to end a disagreement or to achieve more effective relationships."Sometimes dialogue solutions need to be facilitated by expert neutrals; on other occasions, dialogue solutions need only the support of a conducive environment; or perhaps an effective dialogue solution happens over the phone, or when groups gather in conversation. Dialogue changes the way problems look and feel; Solutions emerge from new insights. Dialogue spreads ideas and supports innovation. Constructive dialogue is the cornerstone of positive transformation.
Contact us today to discuss how we can support you to build better solutions.