What is Mediation?

Mediation is a voluntary and confidential process for resolving disputes with the assistance of a neutral third party, a mediator. Also known as an alternative dispute resolution (ADR) professional, a mediator helps parties reach a resolution of their dispute. The mediator does not act as a judge or provide legal advice, but instead serves as a neutral facilitator to ensure that the parties are able to have a productive collaborative conversation. The mediator assists the parties to clarify the issues, address barriers to agreement, problem solve differences and negotiate a resolution that works for all. It is a voluntary, private, informal and flexible process which is typically less expensive than the Court process.

Should I Look for a Lawyer or a Mediator?

This will depend on the type of case you have and the outcome that you are seeking. In many instances a mediator may be a lawyer, just not your lawyer. Mediators and lawyers have different roles. A lawyer represents the interests of their clients and advises them on the best way to present their case. A mediator doesn't give legal advice or recommend the terms of an agreement. Mediators do not represent either side of a dispute – they assist people in conflict to communicate with each other to reach a lasting agreement that satisfies all parties. In mediation you speak for yourself rather than having a lawyer speak for you.

What Benefits Does Mediation Offer?

Privacy	Communications made during a mediation are privileged and confidential.
Choice	Mediation is fully voluntary. All the parties participate because they have chosen to.
Convenience	Mediation sessions can be set up to meet the schedules and needs of the parties.
Informality	Unlike court, mediation has no formal rules or procedures. It is an informal and flexible process.
Control	The mediator does not impose decisions on the parties. Instead, all decision making remains in the hands of the parties themselves.
Cost savings	Mediation reduces the costs of conflict by helping individuals resolve disputes quickly and move forward with their lives.
Collaborative	Mediation can help people improve their relationship and communication with each other.

What Types of Disputes Can Be Submitted to Mediation?

Almost any type of dispute can benefit from mediation including partnerships, contract disputes, corporate commercial, personal injury and estate administration. At Siskinds, we specialize in Corporate Commercial, Construction, Estates, Personal Injury, Family and Labour and Employment mediation.

What Is the Best Timing for Mediation?

Timing is important in mediation. The best timing for mediation is as early in the dispute as possible after the parties and lawyers have a very good handle on all of the factual and legal issues. Preferably the mediation should take place before expensive discovery, which can become very costly.

Mediation Services:

Estate Mediation

Estate Mediation brings together clients with disputes related to the administration of estates with a view to jointly working out a mutually satisfactory resolution with the help of the mediator. Personal in nature, Estate disputes are often emotionally charged. Mediation offers a confidential option which is flexible and convenient to all parties and generally quicker that the Court process.

Corporate Commercial/Construction Mediation

Mediation is increasingly being used to resolve conflicts and disputes which are part of everyday business life and where a timely resolution is of critical importance. Construction contracting is becoming increasingly complex. Along with more complex contracts comes increased opportunities for contractual disputes. Mediators such as Paul Strickland and David Broad have an extensive background in these areas and their experience enables them to recognize problems that can result from a dispute. This experience allows them to help parties communicate and negotiate with each other in a constructive manner in order to find a resolution based on common understanding and mutual agreement.

Family

In family mediation, the areas of division of assets and debts, spousal support, child support and custody and access (parenting plans) can be resolved. Denise Korpan is a family law lawyer with over 26 years of experience. Her expertise, skills and problem-solving experience allow her to focus on reaching a client centered agreement.

Labour and Employment

Few controversies are more damaging to a business than a dispute with an employee. In today's environment, a single major employment dispute or conflict with a key executive can devastate a well-established company. This situation warrants a strategy to reduce disruption and distraction to business operations as well as the financial and emotional cost to business. Chris White has been practicing aw for over 22 years and has substantive knowledge and law practice experience.

Personal Injury and Professional Negligence

Throughout Jim Caskey's entire career, he has acted for Insurance companies in defence of actions brought against the insured and also acted on behalf of parties seeking compensation as a result of injuries and losses sustained. In the professional negligence field, Jim has represented members of the legal profession and has acted for the insurers of insurance brokers. Jim is a senior member of our General Litigation group and is recognized and highly respected throughout Ontario as having years of experience deciding all issues before the court.

All of Siskinds lawyers are experienced professionals who have long been recognized as Leaders in Their Field ®. Their background, described in full detail, can be located on our website at www.siskinds.com.

Fee Schedule

Mediation Services:

Full Day	$2500.00 plus travel, disbursements and facilities.
Hourly	$250.00 per hour

Facilities

Location based on client need.

Scheduling

Contact us directly to book an appointment or obtain additional information with respect to scheduling:

Jim Caskey
519-660-7802
jim.caskey@siskinds.com

Paul Strickland
519-660-7884
paul.strickland@siskinds.com

David Broad
519-660-7796
david.broad@siskinds.com

Denise Korpan
519-660-7842
denise.korpan@siskinds.com

Chris White
519-660-2310
chris.white@siskinds.com