Category: Mediation

After the global pandemic brought rapid change to many aspects of the legal landscape, many temporary practice directions were welcomed by practitioners. While courts had once been required to restrict in-person operations to protect the health of the individuals involved, the benefits of the ongoing ability to conduct specific processes virtually, including mediation, have not been lost.

Clients, counsel and the courts have benefited from the convenience, cost-savings and time-efficiency of virtual participation in alternative dispute resolution. While some may seek to return to in-person processes, virtual mediation has several benefits that should not be overlooked.

Key Benefits to Virtual Mediations

Mediation is an essential and effective form of alternative dispute resolution used in various legal proceedings. Throughout the pandemic, teleconferencing and videoconferencing proved to be an efficient means of communication and allowed for legal proceedings to continue as scheduled. There are many reasons why these tools should continue to be embraced by legal professionals and clients in respect of mediation and alternative dispute resolution services.

Significant Cost Reduction

Since their inception, virtual mediations have taken place via various technological mechanisms, such as teleconferences and video conferences. The flexibility available to allow parties to participate in virtual mediations from anywhere has significantly reduced the costs accompanying traditional in-person mediations.

Virtual mediation relieves parties of the additional steps of planning and paying for various costs, including travel, transportation and accommodation. Virtual mediation requires counsel to be present for a shorter time, resulting in reduced legal fees for some clients. With the prospect of a smaller financial burden, more parties may be encouraged to participate in mediation as a means of dispute resolution.

Increased Flexibility and Engagement

During in-person mediation, lawyers and mediators are expected to be in a particular location for a set time. For many, this can give the illusion of an “all or nothing” approach to the mediation, which may contribute to an unsuccessful mediation. A benefit of virtual mediation, beyond the cost reduction, is requiring participants to only carve out a portion of their day which has been set aside for mediation. Outside this time, clients can go about their usual daily routine, and counsel can manage other ongoing matters.

For individuals who may be reluctant to travel or attend in-person meetings due to health concerns, disability, or other personal reasons, virtual mediations remove such barriers. Further, virtual mediation does not limit a party’s choice of a mediator to their immediate geographical location, providing them with access to a variety of mediators with various experiences to choose from.

If mediation continues beyond the scheduled time allotment, there is less fear of participants feeling forced to stay in a location away from home. Virtual mediation allows for more time for the process and enables all involved to remain focused on the mediation rather than thinking about what they need to do or where they need to get to next.

Simple and Efficient

In legal proceedings, time is of the essence to parties, counsel and the courts. When the pandemic required the world to become technology literate quickly, issues and barriers were identified and resolved, leaving us with streamlined, accessible, and effective communication. The ability to quickly join a meeting from an office or living room provides a significant scheduling advantage. Further, rescheduling a mediation or scheduling subsequent sessions is often easier and can be done more quickly, given the fewer commitments that come with virtual attendance.

Currently, many lawyers and clients continue to use remote meeting technology to communicate, accommodate parties’ unique needs, and feel comfortable doing so. Therefore, where a telephone or video conferencing software is used by many people several times per day, it makes sense to continue to utilize this familiar means of communication in an effort to quickly resolve disputes and keep matters out of the courts when possible.

Comfort and Environment

Being able to access mediation virtually allows clients to participate from a place of comfort and familiarity, such as their home. Driving to a downtown office or being surrounded by legal professionals in a traditional setting may be uncomfortable and intimidating for some clients. Because of this, engagement and success during the virtual mediation process may be increased. Being in a comfortable environment can substantially increase a party’s willingness to participate, make concessions and better articulate important points.

In some circumstances, it may be appropriate for parties to be in separate areas from each other to allow for the client’s comfort and facilitate honest discussions regarding sensitive subject matter.

Where software accessibility and reliable internet may pose an issue to clients, they may instead attend the mediation from their counsel’s office.

Dina Mejalli-Willis Provides Accessible, Supportive Mediation Services in Windsor-Essex County

Willis Business Law is proud to offer mediation services, including virtual mediation, provided by managing partner and experienced litigator, Dina Mejalli-Willis. By providing lawyers and clients with fair and accessible mediation services, parties can feel assured that all options and resources will be utilized to work toward a successful settlement. To schedule a mediation with Dina, counsel and clients and invited to use her scheduling calendar here.

Willis Business Law is pleased to announce that Dina Mejalli-Willis has expanded her practice to include services as a mediator throughout Windsor-Essex County. Mediation allows parties to litigation to retain decision-making power throughout the dispute resolution process. A skilled mediator remains neutral when communicating and reframing parties’ positions and ensures settlement conversations stay on track while helping generate unique solutions for all parties to consider.  

A managing partner with over 17 years of experience as a successful litigator, Dina has helped clients strategically manage risk and effectively resolve disputes. Dina has advocated on behalf of clients before all levels of court in Ontario and has appeared before various tribunals across the province. 

Her extensive experience and successful representation in alternative dispute resolution have equipped Dina with the knowledge, skills and resources to provide insightful mediation services for a range of cases, including property damage, personal injury and disability claims. Dina understands the importance of efficient dispute resolution and draws on her experience to help facilitate productive and meaningful discussions between parties.

Contact Dina-Mejalli Willis for Reputable & Effective Mediation Services

Dina Mejalli-Willis offers half-day and full-day mediations. Mediations can be conveniently scheduled through Dina’s online booking system. To learn more about our competitive rates and cancellation policy, click here. And be sure to look out for future mediation blogs!

Dina is a managing partner of Willis Business Law, a leading business, employment, and labour law firm based in the heart of Windsor, Ontario. The firm services clients throughout Windsor-Essex County and the surrounding areas, including Amherstburg, Chatham-Kent, Essex, Kingsville, Lakeshore, LaSalle, Leamington, Pelee and Windsor. To contact the firm, reach out online or call 519-945-5470. 

When a dispute arises that cannot be settled between the parties involved, some may assume that a trial is the natural outcome. As an adversarial process, going to court has the potential to damage relationships further. Additionally, the high cost of legal representation in these proceedings can further impact the parties.

However, court is not the only answer to solving disputes. Alternative forms of dispute resolution exist, such as mediation, to provide options beyond the court process. A central role in mediation is the mediator who must avoid “taking sides” to help find a workable solution for all parties involved. This article discusses what mediation is and the importance of mediator neutrality.

Mediation is a form of alternative dispute resolution

Mediation is a form of alternative dispute resolution that seeks to find a solution to a dispute outside of court. The process of mediation involves the parties gathering with an impartial and neutral third party who helps them hash out their differences. It is only binding where parties sign an agreement to that effect, after a resolution has been reached.

As a voluntary, informal process, parties are able to terminate the mediation at any time. There are also no rules of procedure that must be followed. Rather, mediation is a process that can be tailored to the parties’ needs. Discussions usually stay between the parties too, as mediation is generally confidential, although such confidentiality may be waived. Notably, certain parties are not entitled to confidentiality. For instance, where the federal government is involved, certain information may fall under the scope of the Access to Information Act or the Privacy Act and may therefore be disclosed on request.

The role of the mediator

Unlike the role of a judge, the mediator does not make any decisions in the mediation process. Instead, the parties to the dispute hold all decision-making power. The mediator helps facilitate communication and generates options for each side to consider. The mediator will also encourage each side to make concessions where possible.

In some cases, mediation may be emotional and involve a level of conflict or animosity. Mediators are equipped to deal with the intense emotions that might arise. They encourage each party to avoid confrontation by keeping the topic of discussion centred on the dispute and potential resolutions. However, this role may be tailored through a prior agreement by the parties based on their needs within the dispute.

Mediators must follow certain rules

Although the mediation structure may vary depending on what the parties decide, mediators do have certain rules they must follow. These may be set out by the parties in a contract or agreement, or they may be dictated by certain regulatory or licensing bodies. For instance, Ontario’s Mandatory Mediation Program applies in select locations across the province, including Windsor. Under this program, certain civil lawsuits must undergo mandatory mediation. The purpose of this is the save parties time and money by avoiding a lengthy trial, where possible.

Mediator Code of Conduct

The Canadian Bar Association – Ontario has assembled a Mediator Code of Conduct which must be followed by all mediators who are part of the Mandatory Mediation Program. The Code’s stated objectives are to:

• provide guiding principles for mediators’ conduct;
• provide a means of protection for the public; and
• promote confidence in mediation as a process for resolving disputes.

The Code of Conduct has sections dedicated to impartiality, conflicts of interest, confidentiality, quality of the process, advertising, fees, mediation contracts, and the termination or suspension of mediation. For example, the Code of Conduct provides that mediators can suspend mediation in the event that:

• the process is likely to prejudice one or more of the parties;
• one or more of the parties is using the process inappropriately;
• one or more of the parties is delaying the process to the detriment of another party or parties;
• the mediation process is detrimental to one or more of the parties or the mediator;
• it appears that a party is not acting in good faith; or
• there are other reasons that are or appear to be counterproductive to the process.

The importance of neutrality for mediators

A critical part of mediation is the neutrality of the mediator. Neutrality denotes an absence of bias or preference for either side of the dispute. This is to ensure that the process is carried out fairly.

The mediator must set their own personal beliefs and opinions aside to take on the role of facilitator. Any assistance the mediator provides must be for the sole purpose of helping the parties determine a resolution to their dispute in a way that works for them – not in the way that makes most sense to the mediator. Additionally, the mediator must be careful of the questions being asked, how they rephrase positions on each side, as well as how they communicate between the parties.

There are a lot of reasons why it is essential that the mediator remain neutral. One reason is that neutrality helps protect the mediation process in the same way that the judicial process is protected by an impartial and non-biased decision-maker. Although a mediator is not a judge and does not have any power to decide on the case or advise on the law, certain pillars of the process must be upheld to ensure fairness. This helps the mediator stay true to their intended role and provides them greater ability to assist in a way that is helpful to both parties.

Contact Willis Business Law for Fair & Effective Mediation Services

Managing Partner of Willis Business Law, Dina Mejalli-Willis, provides lawyers and their clients with unbiased, accessible mediation services. Parties benefit from Dina’s integrity and knowledge derived from her 17+ years as a civil litigator appearing before all levels of Ontario courts and numerous administrative tribunals. Counsel or parties wishing to retain Dina’s services can do so through her scheduling calendar.