What is Mediation?

Mediation may be thought of as “assisted communications for agreement."

It is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.

Here are some of the key qualities of the mediation process:

Voluntary – It is a voluntary process, so you can leave at any time for any reason, or no reason.

Collaborative - As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements.

Controlled - Each participant has complete decision-making power and a right to reject a decision or proposal over each and every provision of any mediated agreement. Nothing can be imposed on you.

Confidential - Mediation is generally confidential, as you desire and agree, be that by statute, 

contract, and rules of evidence and/or privilege. Mediation discussions and all materials developed for mediation are generally not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement.

Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The participants always retain decision-making power.

Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favour the interests of any one party over another, nor should the mediator favour a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of force or intimidation.

Self-Responsible and Satisfying - Based upon having actively participated in voluntarily resolving issues, participant satisfaction and the likelihood of compliance are found to be elevated through mediation compared to court options.

Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today!