For a increasing number of individuals and organizations seeking resolution to disputes in Alberta, Mediation is becoming a preferred method of Alternative Dispute Resolution, a private alternative to public litigation in the courts. Mediation as a form of Alternative Dispute Resolution has achieved widespread acceptance in Alberta over the past few years among the general public and the legal profession. Increasingly, we are seeing courts encouraging,and in some jurisdictions requiring, that disputants first seek Alternative Dispute Resolution before going to court.
The reasons for increased use of ADR as an alternative to conventional court litigation are pretty compelling; the traditional court system is bogged down with an mounting caseload, ADR can require lower costs than conventional litigation, it avoids the public courts, and gives the parties involved greater control in selecting those who will decide their disputes.
Disputants are helped by the Mediator, as a 3rd party, to work out their own settlements, through a process called Facilitative Mediation. In proceedings where all parties consent that he/she may do so, a Mediator may offer ideas on what might constitute a fair and reasonable settlement (Evaluative Mediation).
Unlike “ordinary” negotiations, the Mediation process in Alberta, as in other jurisdictions, has a specific structure, a determined timetable, and dynamics that set it apart from conventional litigation. The process is private and confidential.
The distinguishing feature and key to this process is the participation of a Mediator, who serves as the primary influence in securing binding dispute resolution, without resorting to conventional litigation through the courts. Unlike conventional litigation where representative counsel operates according to the interests of their respective clients exclusively, the goal of Mediation is to search for consensus and agreement as the basis for securing a mutually acceptable resolution.
An important factor for people and organizations in Alberta exploring Mediation as an ADR process is the understanding that Mediators can apply a broad range of skills and techniques, developed through certification and ongoing training, to enhance and open up the lines of communication between parties in conflict, with the aim to help disputants reach agreement (with specific results) on the matter under dispute.
The Mediator’s skills, training and experience, acquired through a dedicated focus on Mediation and Arbitration as a preferred process for dispute resolution, is central to success in the Mediation process. Mediators in Alberta fulfill a role that is governed by a requirement for complete impartiality, and that all decisions be based according to objective criteria, and not shaped by the personal bias or prejudice of either party.
There is a broad range of disputes and issues for which parties in conflict apply Mediation in Alberta, which would otherwise likely end up in court for resolution through litigation; employee/employer disputes, aboriginal issues, land issues, labour disputes, family disputes, divorce disputes, separation disputes, business transactions gone bad, contract or contract clause dispute, municipal disputes, international law disputes, debt, etc.
By encouraging disputants to negotiate their own mutually agreeable resolution of disputes through their impartial guidance, Mediators in Alberta play an critical role in fostering a stronger business and economic environment. Mediation commands growing respect as a sensible alternative process for dispute resolution, and a practical way to reduce the costs and lengthy time normally required for conventional litigation. Mediation in Alberta enjoys a very high success rate.
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