Calgary mediators provide a valuable service in resolving legal disputes efficiently and amicably. From divorce and personal injury claims to breach of contract cases, mediation is a less stressful and more cost-effective alternative to court.
This guide explores the role of mediators, the benefits of mediation, and how to find the best mediation services in Calgary to suit your needs.
What Is Mediation?
Mediation is the process of working with a trained mediator to help facilitate communication between parties involved in a legal dispute. The purpose of mediation is to help the parties find a compromise that helps them avoid going to court and asking a judge to decide their issues.
In many cases, mediation is completely voluntary and the parties themselves decide they want Calgary mediators to try to settle their issues. However, there are cases in which a court will order the parties in litigation to go to mediation and resolve contested matters.
Mediation to Resolve Disputes
You can hire Calgary mediators to resolve a wide variety of legal cases. Here are some examples of situations where you might find working with a mediator helpful.
Divorce Cases
Divorce cases where the spouses want an uncontested divorce can benefit from mediation. To get this type of divorce, both parties have to resolve issues on their own. These issues can include child custody, division of property, spousal support, child support, and more.
If divorcing spouses can’t agree on one or more of these issues, Calgary mediators can help them find a good compromise. Family law cases that involve unmarried parents and child custody or support can also be resolved through mediation.
Personal Injury
Professional mediators and dispute resolution experts in Canada can also offer invaluable advice in personal injury cases. An impartial mediator or arbitrator can assist with claims where the parties want to negotiate a settlement but can’t agree on how much compensation is appropriate. They can also help with other legal remedies a defendant should provide to a plaintiff.
Breach of Contract
A mediator with experience can assist in breach of contract cases. These are claims where parties want to agree on how to address a failure to fulfil a contractual agreement.
What Do Calgary Mediators Do?
Calgary mediators help people involved in disputes work together and create a resolution or compromise that works for all parties involved. Mediators can have many different professional backgrounds and provide expertise in a variety of issues.
One of the biggest benefits of working with a mediator is that they’re an impartial party. They don’t have the legal power to make decisions about a case or impose a resolution. Their role is to ensure the discussion stays focused, respectful, and organized and to help the parties involved in the case come up with a solution that works for all.
A good mediator will establish ground rules for respectful conduct and manage the negotiation process. What’s more, they will help clarify the facts and issues of the case and assist the parties in analyzing what they need out of a resolution.
Calgary mediators will also act as sounding boards to help their clients while keeping communication open and the discussion on track.
When Do You Need a Mediator?
Compared to litigation, mediation offers many different benefits. Generally, these include fewer costs, quicker processes, and less stress.
Mediation alone can often resolve a dispute or cut down the time you would have to spend in court. You could use a mediator if, for example, your relationship has broken down and you and your former partner can’t agree on property and custody issues. That is called family mediation.
You could also use a Calgary mediator if you feel like you’ve been unfairly let go, were injured or had your property damaged and don’t want to take your case to court. Of course, there are many more instances where you could benefit from working with a mediator, but these are the most common.
While every case and conflict is different, mediators in the Calgary area can often help by:
- Listening to both parties
- Help come to an agreement that works for all parties
- Make a document that details what all the parties have agreed on
On the other hand, a mediator should never take sides in a disagreement or force one side or the other to agree to something. They should also never discuss matters discussed during mediation with anyone but the parties involved.
Finally, keep in mind that a mediator can’t represent you in court, manage your court case, or make a legal judgment about who is right or wrong. They also can’t force either side to make or stick to an agreement, grant a divorce, or grant access to a person’s children.
How to Find the Best Calgary Mediators
Finding the right mediator in Calgary can make a significant difference in resolving your legal disputes effectively. Here are some steps to help you choose the best mediation services:
Determine Your Needs
Identify the type of dispute you need to resolve, such as family law, personal injury, or business conflicts, and look for mediators who specialize in that area. You should also assess the complexity of your case to find a mediator with appropriate expertise.
Research Potential Lawyers
Utilize directories such as the Law Society of Alberta, Canadian Bar Association, and Mediate Canada to research the best mediators in Calgary. Also, ask for recommendations from friends, family, or professionals like lawyers and therapists.
Evaluate Credentials
Look for mediators with extensive experience in handling cases similar to yours and consider working with those with a strong professional reputation and a history of successful outcomes.
Consider Costs
Before hiring a mediator, make sure you understand the mediator’s fee structure, whether it’s hourly rates, a flat fee, or another arrangement. Also, weigh the cost against the potential benefits and the mediator’s ability to achieve a favourable outcome.
Choose Calgary Family Law Associates as Your Calgary Mediators
When it comes to resolving your legal disputes efficiently and amicably, Calgary Family Law Associates stands out as a premier choice. With a team of experienced and compassionate Calgary mediators, we specialize in a wide range of disputes, including family law, personal injury claims, and breach of contract cases.
Our Calgary mediators who can help you are:
- Catherine E. Fox, K.C.
- Rani W. Wong, K.C.
- Karen Muir
- Elise J. Lavigne
- Sonja Lusignan
- Staci Tannahill-Smith