Mediation is a private and voluntary process that can be undertaken by two or more parties in conflict. Mediation can be used by people or organizations to settle disputes in family law, estates cases, car accidents, EI claims, landlord/tenant affairs, small claims court, and more. When successful, it allows participants to avoid litigation, or other alternative dispute resolution means such as arbitration.
However, most books about the mediation process are for the mediators. This book is for participants, who — most of the time — don’t know anything about mediation! The Mediation Guide will help readers understand the process in Canada, and teach them what they can do to help it run smoothly and efficiently.
The Mediation Guide was written by a lawyer and mediator with years of experience hosting mediation sessions. The process, skills, and techniques he explains enable participants to feel comfortable knowing what to expect when going into mediation, so they can find their own solutions to issues, and reach successful resolutions and settlements.
Tabla de materias
PREFACE xi
INTRODUCTION xiii
1 ABOUT MEDIATION AND ALTERNATIVE
DISPUTE RESOLUTION (ADR) 1
1. The Origins of Mediation 1
2. What Is Mediation and How Is It Different from Other
Alternative Dispute Resolution Methods? 2
2 WHY IS MEDIATION BETTER? 7
3 WHAT TYPES OF DISPUTES ARE SUITABLE
FOR MEDIATION? 11
4 WHEN TO CONSIDER MEDIATION 19
5 HOW DOES MEDIATION WORK?
THE STEP-BY-STEP PROCESS 21
1. The Offer 21
2. The Agreement to Try Mediation 22
vi The Mediation Guide
3. Finding a Mediator 25
4. What Is the Cost of Mediation? 28
4.1 Who pays? 30
5. The Paperwork 31
5.1 The intake form 31
5.2 The mediation agreement 31
6. Pre-Mediation Meetings and Conferences 36
7. Screening 45
8. Who Can Attend a Mediation Session? 49
9. Independent Legal Advice 51
10. The Documents You Will Need 52
11. Preparing for Your Mediation 54
11.1 The mediation brief 54
12. The Day of the Mediation 54
13. Tips and Tools 57
13.1 Keeping cool 57
13.2 Being honest 58
13.3 Anticipating roadblocks 59
13.4 Common objectives 59
13.5 Inequality in bargaining power 60
13.6 Timeout 61
13.7 Surrender 62
13.8 Threatening 63
13.9 Other techniques and tactics 63
14. Using the Mediator Effectively 68
15. Shuttle Mediation 69
16. Possible Outcomes 69
6 RECORDING THE SETTLEMENT 73
Contents vii
7 THE AFTERMATH: ENFORCEMENT,
VARIATION, REVIEWS 79
1. Enforcement 80
2. Variation and Reviews 80
8 RESOURCES GOING FORWARD 83
SAMPLES
1 Intake Form 32
2 Agreement to Mediate 37
3 Screening Key 48
4 Mediation Brief 55
5 Minutes of Settlement 74
Sobre el autor
David R. Greig earned his Bachelor of Arts degree in 1983 an how Bachelor of Laws degree in 1986, both from the University of Victoria. He is currently practicing law in Vancouver, British Columbia, and has a special interest in matrimonial and family law. He is also the author of Self-Counsel Press titles ‘Separation Agreement’, ‘Separation Guide’ and ‘Prenuptial Guide’.
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