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Mediating Civil Disputes

Civil Mediation is a process that allows an impartial third party to provide assistance between disputing parties in civil matters. It is an interactive process that utilizes specialized negotiation techniques to resolve conflicts.

Similar to any other Mediation type, Civil Mediation is a voluntary method of dispute resolution that may enable the parties to settle a civil disagreement without going to a court trial. It is a cooperative process in which parties work together under the guidance of a Mediator to find a solution instead of working against each other.

Generally, Civil Mediation is less expensive than civil litigation, and it is often used when the parties involved in the dispute have a long-term relationship that they would like to preserve.

The Province of Ontario has the Ontario Mandatory Mediation Program which is designed to help people settle their disputes through Mediation early in the legal process and, in this way, save time and money. The Mandatory Mediation Program is applicable in Toronto, Ottawa and Windsor. In these areas or jurisdictions, certain civil lawsuits under rule 24.1 of the Rules of Civil Procedure must go to mandatory Mediation. Under Rule 75.1 of the Rules of Civil Procedures, certain civil lawsuits about estate, trusts and substitute decision matters where someone is not mentally capable of making certain decisions about their property or personal care, are also referred to Mediation.

How to Resolve Civil Disputes?

There are several ways to resolve civil disputes without resorting to litigation or arbitration. In this regard, some of the more commonly used methods are as follows:

The choice of method depends on the nature of the dispute and the parties involved. Negotiation and Mediation are often preferred because they are less formal and less expensive than litigation or arbitration. However, if the parties are unable to reach an agreement through negotiation or Mediation, they may choose to exercise other options.

How to Avoid Civil Disputes?

Here are some of the ways that may be helpful in avoiding civil disputes:

  1. Use Alternative Dispute Resolution: Consider using alternative dispute resolution methods such as Mediation, negotiation or arbitration to resolve disputes before they escalate.
  2. Communicate Effectively: Effective communication is always helpful in avoiding mutual disputes. Being clear and concise in communication with others is always helpful in avoiding ambiguity and misunderstanding. Listening carefully to what others have to say is equally important in maintaining good relations and avoiding misunderstandings.
  3. Document Everything: Keeping clear and detailed records of all transactions, agreements and conversations is vitally important. In the event of a dispute, production of proper clear records of events enhances credibility as well as it provide a clear record of what had been agreed upon.
  4. Be Proactive: Addressing potential issues before they become disputes is always helpful. Taking steps to address a problem before it becomes a major issue can be quite useful in the long run.
  5. Get Legal Advice: If you are unsure about your legal rights or obligations, seek legal advice from a qualified professional. In fact, Mediators often suggest the disputants to seek ILA (independent legal advice) before or even during Mediation.

 

We look forward to collaborating on a tailored solution that meets your needs.

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