What Is Civil Mediation?

• Civil mediation is a collaborative, dispute-resolution process where parties engage a neutral, trained mediator to assist them in coming to a consensual resolution of their dispute
• A trained mediator controls the mediation process, facilitates a collaborative environment, and assists the parties with their communications and negotiations
• The parties retain control over the outcome of their dispute, they retain the power to agree or disagree
• Mediation is held in a safe, neutral confidential environment
• Mediation is interested-based.  Intangible interests are often involved, such as preserving a relationship, being recognized for an achievement, or receiving an apology
• Mediation finds out what’s important to each party (their goals and concerns), and why 
• Skilled mediators help each party see their own interests, and those of the other party
• Mediation involves working together to find solutions that satisfy as many of the parties’ interests as possible
• Mediation focuses on the best possible future for all parties
• The mediator assists the parties in being open-minded to other perspectives, and in being creative 
• The parties keep their own legal rights, but instead see the value in choosing a mutually acceptable outcome
• Mediation is a golden opportunity to participate in the outcome of a dispute, unlike court or arbitration where the outcome is left to a third party

When To Mediate?

Mediation is the right process, when all parties:

• genuinely desire to end their dispute, and wish to move on in life
• consent to participate in the mediation process (by signing an Agreement to Mediate)
• want a process that is quicker and cheaper than court or arbitration
• want an opportunity to be actively involved in the outcome, and control their own destiny
• want a creative result, as things other than money may be available
• want a future relationship with each other, or a future business together, or a future benefit or status
• want to be listened to, and participate actively in the process
• want finality, and the avoidance of appeals or other challenges to the result
• want to establish a principle which will govern the resolution of future disputes
• want a sense of understanding and well-being after resolving the dispute

What Type Of Civil Disputes Can Be Mediated?

A dispute can be mediated if it is any one of the following:

• Corporate/Business Disputes – corporate governance, shareholder disputes, partnership agreements, small business contracts, products liability, sale of goods, debt collections, banking and financing, securities, insurance claims, multi-party disputes, information technology, confidential information, breach of trust, fraud, libel, slander, intellectual property, trade mark and copyright infringement, general breach of contract and negligence
• Employment/Workplace Disputes – wrongful dismissals, workplace conflict and unfairness, employee complaints, regulatory compliance, restructuring packages, and collective bargaining
• Tenancy/Leasehold Disputes – strata corporations, residential housing, commercial and industrial contracts, institutional and government leases
• Construction/Engineering Disputes – financing agreements, CCDCs, builders liens, and owner’s contracts
• Professional Negligence Claims – doctors, lawyers, dentists, engineers, architects, accountants and other self-governing professionals
• Personal Injury Disputes - motor vehicle accidents (ICBC / other insurance claims), occupier’s liability (slip and fall) accidents, and sports and recreation accidents
• Land Disputes –  strata corporations, residential homes, commercial/industrial leases, competing land uses
• Environmental/Resource Management – extraction of natural resources (forestry, fisheries, clean water, farming, mining, and oil and gas)
• Wills, Estates and Trusts – wills variation, estate planning, management of trust property, and trustee’s performance
• Community Disputes – neighbourhood disputes, complaints to local authorities, and human rights issues
• Government/Crown Agencies – claims against municipal, provincial and federal governments, and government corporations and agencies
• Seniors’ Disputes – guardianship and representation agreements, health care arrangements, financial arrangements, living arrangements, care home issues, safety disputes, capacity challenges, and estate and retirement planning
• Consumer Disputes – consumer complaints, warranty claims, and statutory breaches (sale of goods)
• Insurance Disputes - home owner / tenant policies, life insurance and disability policies, and breaches of statutory conditions
• Transportation/Highway Design – road safety standards, signage design, and maintenance and operation procedures