In Alberta we are seeing an increase in the use of Mediation services, a process used in Alternative Dispute Resolution, for disputants seeking to resolve their conflicts without going to court. In recent years we have seen growing acceptance and use of Mediation by the general public and the legal professions in Alberta as a method of Alternative Dispute Resolution. Increasingly, we are seeing courts advising,and in some jurisdictions requiring, that disputants first seek Alternative Dispute Resolution before going to court.
The reasons for growing use of ADR as an alternative to conventional court litigation are pretty compelling; the traditional court system is bogged down with an mounting caseload, ADR can impose lower costs than conventional litigation, it avoids the public courts, and gives the parties involved greater control in selecting those who will decide their disputes.
Disputants are helped by the Mediator, as a 3rd party, to work out their own settlements, through a process called Facilitative Mediation. In proceedings where all parties consent that he/she may do so, a Mediator may offer ideas on what might constitute a fair and reasonable settlement (Evaluative Mediation).
The Mediation process in Alberta, as in other areas, has a structure, timetable and dynamics that “ordinary” negotiations lack. As an ADR process, Mediation is private and confidential.
The distinguishing feature and key to this process is the participation of a Mediator, who serves as the primary influence in securing binding dispute resolution, without resorting to conventional litigation through the courts. The goal in Mediation is to search for common ground which can serve as the basis for negotiating a mutually acceptable resolution, which is not common conventional litigation, where legal counsel operates according to a bias exclusive to the interests of their respective clients.
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An important consideration for people and organizations in Alberta exploring Mediation as an ADR process is the understanding that Mediators can draw on a broad range of skills and techniques, developed through certification and ongoing training, to improve and open up the lines of communication between parties in conflict, with the objective to help disputants reach agreement (with specific results) on the matter under dispute.
Much hinges on the Mediator’s skill and training, acquired through a professional practice focus on mediation and arbitration as, in most situations, a preferred path towards dispute resolution. The Mediator’s role in Alberta is governed by the need to maintain complete impartiality, with decisions made according to objective criteria, and not the subjective bias or opinions of either of the disputants.
Disputants in Alberta use Mediation to settle a wide range of disputes; employee/employer disputes, aboriginal issues, land issues, labour disputes, family disputes, divorce disputes, separation disputes, business transactions gone bad, contract or contract clause disputes, municipal disputes, international law disputes, debt, or any dispute that, left unaddressed, has a high probability of ending up in the courts for resolution through litigation.
Mediators in Alberta contribute to developing a healthier business environment and a stronger economy, by assisting parties to negotiate mutually acceptable resolution of disputes, through their impartial guidance. Mediation is a sensible and proven way to avoid the costly expenses and drawn out process that are common to conventional litigation. Mediation in Alberta enjoys a very high success rate.
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