© Copyright Dynamic Dispute Resolutions 2011
Hasina Reshamwalla, Q. Med
What is Mediation
Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated
resolution. The decision to mediate is completely voluntary for the parties involved. A Mediator will provide parties with a
“Memorandum of Understanding” on resolved issues which then can become an agreement once both parties seek Independent
Legal Advice.
Who can benefit from Mediation?
Most people can benefit form this process. Unless there are extreme circumstances, most people, even if in high conflict, can
mediate. A Mediator can provide alternatives if mediation does not seem to be the best fit for both parties involved
Is the process confidential?
The mediation process along with being voluntary, is completely confidential. Parties are asked at the beginning to chose either
“OPEN” or “CLOSED” mediation. Open mediation allows a detailed report to go to the lawyers and courts of matters discussed and
resolutions or pending disputes. Closed mediation is fully confidential with no reports on matters still in dispute.
Do I still require a lawyer?
Mediation is not an alternative to seeking Independent Legal Advice. Each party is strongly encouraged to have a lawyer. This is
wise, at the very least to have whatever is agreed to, written up in a legal and binding fashion.
For those that do not have a lawyer, we can assist with that.
What are the costs/time involved?
Mediation costs vary but are much more cost effective than the litigation process. The rates are determined prior to the mediation
process. Costs are split equally by both parties involved and are on an hourly basis, unless both parties agree otherwise. The fees
are due prior to your session and there will be small fee for the preparation of any required documents.
Cases vary in length based on the issues in dispute. Most cases can be resolved in 6 joint sessions, or less.
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