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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