Mediation
Mediation
is when the parties sit down, face to face, with a neutral
mediator to work out a resolution that is satisfactory to both sides.
This takes place outside the court process.
This process is intended to save the parties the cost, risk and time
involved in a
court battle. In the mediation process, the parties are in full control
of the outcome and nothing is forced upon them.
At the start of the process, each side to the dispute explains their
side in front of the mediator and each other. Both sides then has an
opportunity to ask questions and discuss the issues. Usually, the
mediator will then meet separately with each side in private to talk
about their concerns.
Then, the parties will reconvene to talk about how they can resolve
their dispute. Both sides must want to settle and be able to live with
the proposed agreement. That is not always possible so mediation is not
always successful.
The mediator has the discretion to order that one party pay an unequal
share, or all of the mediator’s fees and expenses, if the mediation
fails. However, there is no clear statutory provision that allows the
corporation to claim its legal fees leading up to and including the
mediation, when the mediation fails to resolve the issue.
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