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If you're interested in referring a matter to mediation, you should first telephone our office. A mediation staff member or intern will ask for general information to ensure we can assist with the dispute, and then schedule an appointment with the client.
If the matter is appropriate for mediation, we would then contact the other party to schedule a separate appointment. Once we have met with both parties and have agreement to proceed with mediation, we would schedule a mediation session at a mutually convenient time.
Since mediation is a voluntary process, it's important to ensure that the parties choose to be there. If a party does not want to mediate, we will not pressure them to do so. Mediation Services uses its best efforts to ensure that each party has sufficient information about the mediation process to make an informed decision.
The parties and two co-mediators participate in the mediation session. It may be appropriate for a party to bring a friend, support person or legal representative to their mediation if they advise the mediators ahead of time. The only requirement is that the parties must be present and cannot send someone to the mediation on their behalf.
A neutral location for both parties is an important consideration in the mediation process. Mediations generally take place at the Downtown Office at 450 Pelissier Street or, upon request, at the University of Windsor Campus Office. In some cases, if agreeable to all parties, the mediation may take place at another neutral location.
We ask each party to set aside two to three hours to mediate. Some disputes are resolved within this time, and others require another mediation session. It really depends on the nature of the dispute.
Mediation is a voluntary process. Mediation Services does not require that you stay if you wish to leave the session before it is completed. We only ask that if you choose not to stay, you let the mediators know so they can properly bring the process to a close.
There is no requirement that your dispute be a legal dispute in order to use our mediation services.
At the mediation, all parties will have an opportunity to tell their story. Mediations are most successful when the parties come to the table in good faith, and open to the other party's perspective.
You can still mediate even if you have a court date scheduled. Contact Mediation Services as soon as possible to ensure the greatest number of scheduling possibilities for all parties involved.
When all parties agree to settle their dispute, they sign an agreement which is effectively a contract outlining the terms of their mediated settlement.
You can still go to court or pursue other routes if a settlement is not reached, and the parties are bound by the confidentiality agreement reached in the mediation.