Mediation
What is mediation?
Mediation is a form of alternative dispute resolution. It provides the parties involved in litigation—such as a wrongful dismissal claim—with an opportunity to meet in a confidential, informal setting to attempt to negotiate a settlement. In Toronto, mediation is a mandatory step in most wrongful dismissal actions.
Who attends a mediation?
Mediation is attended by both parties, their legal counsel, and a neutral third-party mediator. The mediator does not decide the case but helps facilitate discussions between the parties. The mediator may also provide an objective view of the strengths and weaknesses of each party’s case in an effort to move the parties toward a resolution.
How does the mediation process work?
The parties can jointly select a mediator, or if they cannot agree in a civil action, either party may contact the Mandatory Mediation Program coordinator to appoint one from a roster. The cost of the mediation is typically shared equally between the parties, unless otherwise agreed as part of a settlement.
Prior to mediation, each party prepares a mediation brief outlining their position. These briefs are exchanged and provided to the mediator. On the day of the mediation—held either in person or virtually—the parties usually sign a confidentiality agreement. The mediation may begin with a joint session or the parties may be separated into different rooms (or virtual breakout rooms), with the mediator moving between them to facilitate negotiations.
What can you expect as an outcome?
The goal of mediation is to reach a mutually acceptable settlement. The advantage of this process is that the parties retain control over the terms of any resolution, unlike at trial where a judge makes the final decision. That said, settlement is voluntary—no party can be forced to agree to terms. If the parties are unable to reach a settlement, the case will proceed to the next stage of litigation.
Contact Us
If you are involved in a wrongful dismissal matter or employment dispute, the experienced lawyers at Singh Lamarche LLP can help you determine whether mediation is the right step for your case. Contact us today for a confidential consultation.
Request a Consultation
There are two ways to request a consultation:
You may call us at 647-799-0499 or you can click here to request a consultation online.