Choosing the Right Mediator

Mediation has become an integral part of the civil litigation process in Ontario, offering parties a flexible and cost-effective alternative to traditional courtroom battles. However, the success of mediation might depend on a decision made before it begins: Choosing the appropriate mediator for your case. Selecting a mediator is not just a procedural step; it is a strategic decision that can influence the outcome of the case.

Factors to Consider when Choosing a Mediator

1. Subject Matter Expertise

Litigation in Ontario covers a wide variety of legal issues, from motor vehicle accidents, to occupiers' liability to family law or employment matters. A mediator with experience in the relevant area of law will have a deeper understanding of the legal principles, industry practices, potential outcomes and litigation trends, enabling them to guide the process more effectively.

2. Mediation Style and Approach

Mediators bring their personal style and approach to their mediations, which can impact the process and outcome. Individual cases and clients may benefit or be hampered by these varying approaches.

Facilitative mediators focus on communication and collaboration, helping parties identify their interests and exploring solutions without offering opinions on the merits of the case. Conversely, evaluative mediators take a more hands-on approach, offering their opinions on parties' positions and evaluations of the case and providing recommendations for settlement.

3. Reputation and Neutrality

Parties should seek out mediators with a strong reputation for impartiality and trustworthiness. This encourages the parties to engage openly and instills confidence in the mediation process. The likelihood of a successful mediation resulting in resolved conflicts increases exponentially when the parties have faith in their mediator's neutrality.

4. Cost and Accessibility

Mediation fees vary widely within the field depending on the mediator's experience, reputation and complexity of the case. While it may be tempting to choose the most expensive mediator on every case, parties should weigh the cost against other factors like availability and over-qualification.

The Selection Process: Collaboration and Due Diligence

The selection of a mediator itself can be the first area of negotiation and agreement in a civil action. The parties may collaborate in arriving at the selection, setting the tone and demonstrating a willingness to work together toward resolution.

Conclusion

Choosing the right mediator is a strategic investment in the success of your litigation. By carefully considering the factors outlined above, parties can select a mediator who is well-equipped to guide them toward a fair and durable resolution.

The right mediator can transform an adversarial process into an opportunity for collaboration and mutual understanding.

If you are involved in a dispute, take the time to choose your mediator wisely. The effort you invest in this decision can pave the way for a more efficient, effective and satisfying resolution to your case.

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James Shafman is here to help you navigate the mediation process. Contact us today to learn more about how we can support you in achieving a successful resolution.