Going to court is expensive and time-consuming, and should be considered a last resort for most cases. Before filing a lawsuit, consider submitting your case for binding arbitration, or even non-binding mediation. Right Legal can help connect you to licensed mediators, who can assist you in coming to an agreement on a case without the significant costs and time of litigation.
What is mediation law?
Mediation is a system of peaceful dispute resolution involving a neutral, third-party mediator. The mediation process will attempt to help the parties work through their dispute in a confidential setting, where the role of the mediator is to help the parties attempt to reach a mutual understanding. When self-represented litigants bring claims in the Provincial Court, the court may order them to undergo mediation before the claim goes to trial through a court-appointed mediator.
What laws govern mediation in Canada?
Mediation is governed by both the Rules of Court and Provincial Court Act, as well as the Mediation Rules, to the extent that mediation can be ordered by the courts. Since mediation as a process has no binding effect, it is not established by any statute. However, although it is not a government body, the Alternative Dispute Resolution Institute of Canada offers courses to register and qualify mediators.
What sort of work would a mediator do?
A mediator may work in a court-appointed role, or manage their own mediation practice. What a mediator will never be able to do is provide legal advice or take sides in the dispute they are mediating, for that you will need legal counsel.
Points of Interest
Sometimes, in an emotionally charged mediation, you might not even see the opposing side. The mediator might choose to consult with both parties separately before offering their decision.