June 2000

Why Mediate?

This bulletin provides general information concerning mediation of disputes. For additional information that is specific to mediation of family disputes, you should also see the bulletin called Family Mediation.

Mediation is a process for resolving disputes. The mediator acts as a facilitator, helping the disputing parties to communicate and negotiate more effectively. Mediation is not a process intended to force compromise, although compromise can be an element of the process. Each party's limitations are respected and a party is only expected to make a shift in its approach to the problem if convinced that it is reasonable to do so. It is not the mediator's role to adjudicate the issues in dispute; in fact, the mediator has no authority to do so.

Over the past decade, there has been a tremendous growth in the use of mediation. Why are people using mediation? Here are some of the key reasons:

Speed - A mediation can be arranged in a relatively short period of time, and disputes are usually settled more quickly than through litigation or direct negotiation between the parties.

Cost - Time and money can be saved and emotional stress reduced through early resolution of the dispute.

Informal atmosphere - The informal setting and atmosphere of mediation is conducive to effective communication between the parties. Many of the stresses of the adversarial process are avoided.

Privacy - Mediation takes place in private. The details of the dispute and its resolution do not have to be publicly disclosed.

Control - Each of the parties maintains control of the dispute and its resolution because, unlike in the trial process, the parties design the settlement and agree to live by it only if it is acceptable to them. Participants in mediation have the option of obtaining independent legal advice before agreeing to a settlement. This is particularly important if a person participates in mediation without legal counsel.

Separation of emotional and legal issues - In disputes, personal feelings or emotions often become confused with substantive legal issues. The mediator can help to separate the legal and personal dimensions of the dispute, thus reducing tension and making settlement more likely.

Choice of mediator - A mediator can be chosen not only for his or her skill in facilitating settlement, but also for expertise in a particular kind of dispute.

Success rate - The resolution is created by the parties and is tailored to their specific needs. This tends to result in a higher incidence of compliance with the agreement reached. Mediation generally has a settlement rate of between 60 and 80 per cent, depending on the kind of dispute and the definition of success.

Preservation of relationships - Many parties to a dispute have to continue to deal with one another on a personal or business basis after the dispute is resolved. Mediation can help to preserve a working relationship because it aims to avoid polarizing the parties.

For More Information

For more information on any of the programs described in this bulletin, contact:

Dispute Resolution Office
Ministry of Attorney General
PO Box 9222, Stn Prov Govt
Victoria, BC V8W 9J1
Tel: 250 356-8147
Fax: 250 387-1189
E-mail: AG.DRO.Victoria@gov.bc.ca
Web site: www.ag.gov.bc.ca/dro

Enquiry BC will forward long distance calls at no charge:

• in Vancouver, call 660-2421
  
• in Victoria, call 387-6121
  
• elsewhere in B.C., call 1-800-663-7867.

When you call, ask to be connected to the Dispute Resolution Office, Ministry of Attorney General.

Mediators

For names of mediators in your area, contact the British Columbia Mediator Roster Society, or check the telephone book for mediator service providers and mediation organizations. The British Columbia Mediator Roster Society can be contacted through the Dispute Resolution Office at the numbers listed on this page, or by e-mail at: mediators@mediator-roster.bc.ca

Or visit the society's Web site at: www.mediator-roster.bc.ca

June 2000
AG00041^FS8