MEDIATION SERVICES

HOW TO PREPARE FOR MEDIATION

Once you have decided to resolve your dispute by mediation, it is helpful to prepare the mediation session as this improves the opportunity for success and reduces the cost. We recommend the following in preparing for mediation:

Understand the Mediation Process:

• The mediator may meet with disputing parties individually or together prior to the mediation to explain the mediation process. Ask for clarification of anything you don’t understand.

Know the issues:

• Write down the issues and facts in your own words. Use a simple one thought one sentence format. Gather all supporting documents, pictures, etc.
• Provide the mediator with a copy of what you have prepared. Some mediators will distribute the information to all parties to the dispute, while other mediators expect the parties to do the distributing. Ask your mediator which way they want the distribution done.
• Mediation is most effective if everyone knows the facts in advance and has a chance to think about those facts before meeting.

Know your needs:

• What do you need to be satisfied that the dispute has been resolved?
• What does the other party need to be satisfied that the dispute has been resolved?
• What are some possible solutions that will meet both your needs and theirs?

Be creative:

• Mediation offers the opportunity to resolve disputes in creative and flexible ways than can not be provided by the courts.

Be open:

• You have chosen mediation because you believe that both yourself and the other party can resolve this problem with the assistance of a neutral professional.

Be informed:

• Seek independent legal counsel prior to the mediation. You may also want your lawyer present at the mediation. You need to talk with your lawyer about this as well as the mediator, prior to the initial mediation session.
• Know your rights and obligations under the law as well as those of the other party. An informed decision is a better decision and easier to live with in the long run.

Understand your options:

• What are the other options to resolving the dispute besides mediation?
• What are the potential costs associated with each option?
  

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Elgin Counselling & Mediation Centre
19 Queen Street, St. Thomas, Ontario, Canada N5R 3H9
Phone: (519) 633-4423 | Fax: (519) 633-3240