Mediation is a process where people involved in a dispute meet with an independent, neutral third party to discuss the problem, each parties' interests, and possible solutions. Mediation allows parties the opportunity to participate and to jointly craft a solution that is tailored their individual circumstances. No one imposes a decision or makes any determination as to "right" or "wrong". Each party has the opportunity to express their concerns, tell their stories and attempt to negotiate an agreement.
Mediation is more flexible, expeditious and cost-effective than litigation. Mediation is common-place in all types of disputes, including family, business, construction, employment & workplace and in simple collection matters. Many contracts and agreements now include a clause that require the parties to mediate a dispute prior to resorting to litigation. People are now seeing that litigation should be used only as a last resort, used if and when all reasonable, less expensive, more expeditious avenues are exhausted.
Although each mediation depends on the parties to a great extent, there are some fairly standard steps that each mediation will take. Parties should ensure that they understand the process and know what to expect before they attend the mediation. Chances of a successful mediation, of resolving the dispute or at least some of the issues between the parties, are enhanced by taking the time to prepare for mediation. Knowing some tips for effective mediation will also enhance the effectiveness of the mediation.
The Role of the Mediator
The mediator facilitates a discussion between the parties to enable them to find a solution to the dispute. The mediator is a is a neutral third party; and is not a decision maker in the process. The mediator's role is to ensure that everyone has the opportunity to express themselves, their concerns, and their interests.
The mediator cannot impose a settlement or decide the case; the mediator is not a judge or an arbitrator. The mediator's role is to help the parties to find a solution to their dispute by communicating with each other in a constructive way, allowing an agreement. Agreements entered into at mediation are more likely to be respected as the parties have entered into it willingly, rather than having it imposed upon them.
November 11, 2011 - Remembrance Day, Alberta, Canada
The Ode of Remembrance:
They went with songs to the battle, they were young. Straight of limb, true of eyes, steady and aglow.
They were staunch to the end against odds uncounted, They fell with their faces to the foe. They shall grow not old, as we that are left grow old: Age shall not weary them, nor the years condemn. At the going down of the sun and in the morning, Â
Remembrance Day Service - Royal Canadian Legion - seating starts at 9:30, ceremonies at 10:30 a.m. Oilfields High School Black Diamond.
Okotoks - Foothills Community Centre - seating starts at 9:30
Nanton - Services at the Bomber Command Museum of Canada
 Lest we forget.
 We will remember them.Â
Disclaimer of Liability
All users of this site are reminded that there is no intention to provide legal advice on any subject or to any person or groups of persons. It is not a substitute for the advice of a qualified lawyer entitled to practice in Alberta. The user should be vigilant and aware that the information in this site or to which it is linked, including case law and legislation, may be out of date and/or may not apply or be appropriate to any particular circumstances, case or person, or for any particular judicial jurisdiction.
Legal advice is based on unique circumstances and must be personal and confidential. The law changes rapidly and constantly. You should not rely on this website or to any other site to which it has links. If you have a legal question or problem, you should consult with and seek the advice of a qualified lawyer.
James C. Lozinsky, James C Lozinsky Professional Corporation and James C Lozinsky Law Office do not make any representations, warranties, claims, promises or guarantees about the completeness, accuracy or adequacy of the information or links in this website, or of any other website to which this site may be linked.
In no event shall James C. Lozinsky, James C Lozinsky Professional Corporation and James C Lozinsky Law Office be liable to you or to any other person or entity for any loss or damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, whether or not foreseeable, no matter what the claim or basis for claim.
