• Q. What is Mediation?

    • A. It is a process where two people in a dispute voluntarily ask a neutral third person to assist them in reaching their own settlement. The parties, assisted by the Mediator, craft their own settlement agreement. If an agreement is not reached, the parties can pursue whatever other course of action they desire.


  • Q. What is the role of the Mediator?

    • A. Unlike a judge or an arbitrator, a mediator cannot impose a solution on the parties. He or she enhances communication between the parties, analyses outstanding differences, identifies the issues, clarifies underlying interests and explores settlement options.

 

  • Q. What are the benefits of using Mediation Services?

    • A. Mediation has the following benefits:
    • .. Prompt results providing substantial savings - an average mediation can be done in 3-5 hours
    • .. Low cost when compared to the time and money expended in litigation
    • .. Preservation of relationships through win/win solutions - the parties usually gain respect for each other by the conclusion of the mediation.
    • .. Flexibility to explore options and a chance to settle before differences become polarized
    • .. Confidentiality avoiding public disclosure of the names of the parties, the nature of the conflict and the settlement
    • .. Wide applicability making it suitable for use in virtually all types of traditional legal disputes

 

  • Q. How does the Mediation process work?

    • A. Both parties meet at an agreed office location. The parties sign a short agreement to work to a solution and participate in good faith. Each party makes a brief oral statement explaining their side of the dispute. The mediation then probes and explores the interests of each party in a non-adversarial, non-accusatory way.  Possible settlement options are canvassed and, hopefully, agreement reached.  A draft agreement is then prepared by the mediator for signature by the parties if they wish.

 

  • Q. How much time does Mediation take?

    • A. A typical two-party mediation will take between 3 to 5 hours. More complex disputes could take longer, may
      require several mediation sessions or may require mediation briefs (written summaries of each party's position) to be submitted ahead of time.

 

  • Q. Can a dispute be solved in such a short time period?

    • A. If the parties are properly prepared with all of the necessary documents, and they are willing to work together, disputes can  generally be resolved within a short period of time.  If it becomes obvious that the parties cannot work together toward settlement, then the parties should pursue other options.

 

  • Q. Is it necessary that the parties have a lawyer present?

    • A. Not always. That decision is entirely up to the parties. If lawyers are not present, any agreement reached is typically subject to their approval.

 

  • Q. What do Mediation Services cost?

    • A. Hourly rates range from $200 - $440 per hour across Western Canada and these fees are typically shared between the two parties.  Clive Tolley generally charges $200 per hour and will negotiate a daily rate for protracted negotiations.

 

  • Q. Where does mediation take place?

    • A. The mediation can take place at any location convenient to the parties. Typically, Clive Tolley uses a private board room or a meeting room at a hotel.  The requirement is that it be a quiet, neutral space where the parties can work undisturbed.

 

  • Q. What types of disputes are mediated?

    • A. Almost any dispute can be mediated if the parties approach the process with a desire to explore resolution. Clive Tolley has experience in the areas of insurance, personal injury, government, labour relations, workplace, sport, family and divorce.

Clive Tolley

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