Mediation: An Introduction by Norman Pickell

First fists, then swords, then guns, then court. Since the beginning of time, men and women have used these various methods to settle their disagreements with one another. Some still use fists and guns. But most commence court actions.

However, courts can be slow, expensive and very public. They take place in court houses and the final result is determined by a judge.

In the end, most law suits are settled out of court, but only after large amounts of money have been paid out for legal costs and everyone's anxiety level has reached its limit.

There is a better way to resolve disputes. It is called MEDIATION.

Mediation is a process where a neutral person, called a mediator, assists the parties to achieve a resolution of the issues to the parties' mutual satisfaction. The mediator does not take sides.

In mediation, the decision-making rests with the parties, and not with a judge. The mediator has no power to impose a solution.

Mediation gives each party an opportunity to be heard by the other side and to hear what the other side is saying. It is important for the parties to remember that "understanding" does not mean "agreeing." The parties can, and in fact are encouraged to, express their feelings and emotions during mediation sessions. When those feelings have been expressed and heard, the parties may be more willing to talk about ways to resolve the issues.

Mediation takes place at the convenience of the parties in the privacy of someone's office or meeting room. It is faster and usually less expensive than going to court.

The skills and training of the mediator are central to the success of the mediation.

Mediation is not limited to those situations where all parties are reasonable, calm and rational. A properly trained mediator will usually be able to handle even the most difficult parties.

Some of the important functions of the mediator are to set guidelines for the behaviour of the parties during the mediation sessions, to facilitate the flow of information, to keep the conversations going and focused, to help the parties think of all of their options, to help the parties break any stalemates that occur, to act as referee when necessary, and to help the parties make decisions. The mediator probes into the underlying and often unspoken issues.

Mediation is less stressful for all concerned. Often mediation reduces the conflict and hostility between the parties. Mediation allows the parties to stay in control. Everyone comes away from the mediation process with a greater sense of satisfaction. When parties design their own plan, they generally stick to it.

Statistics indicate that over 80% of all mediations result in settlement. But if mediation does not work, the parties can still start, or continue with, their lawsuit. That option is not lost by trying mediation.

Mediation can be used to resolve various types of disputes, including those involving parents, separating couples, seniors, businesses, estates, neighbours, child protection and the workplace.


Norman Pickell is a mediator and lawyer based in Goderich, Ontario. For more information about mediation, please visit his web site at www.normanpickell.com.