Mediators & Arbitrators

What is mediation?

Mediation in the most basic sense of the word is a conflict resolution process where both parties attempt to come to an agreement with the help of an impartial individual. It is the role of this individual to keep the interaction civil and productive to try to help both parties coming to the table communicate to the best of their ability respectfully in a safe environment.

The process

A quick break down of the process is as follows: During the initial contact an agreement is made with you and the other party agreeing to part in the process of mediation. You will be provided with an Agreement to Mediate contract and Non-Disclosure Agreement stating you and your partner agree to retain the services of Thomas as your mediator and anything that is said (within legal limits) is kept confidential. Each party will be contacted individually either in person or over the phone to understand your perspective of the conflict. This initial meeting can be 30 mins to 1 hour and based on the complexity of the situation Thomas will determine if the first mediation is best to have as a group, shuttled or if it is even the right option. After the pre-meditation meeting a date is set for the mediation. After the mediation is concluded and an agreement(s) has been reached a Memorandum of Understanding will be prepared which is a non-legally binding summary of what was agreed upon in the mediation.

What to expect from mediation?

Just like at the doctor’s office you might experience some discomfort. This is to be expected since you are in fact trying to engage and resolve conflict. The discomfort usually dissipates as the communication starts to become clearer. Often when people find themselves in a conflictual situation, they experience some level of anxiety about what is at stake, and they want to be understood. Sometimes it is difficult in that state to clearly see all perspectives and possible solutions and it could be challenging to communicate their needs and goals clearly. During the mediation process the parties are coached by the mediator to express their feelings, their desired outcome and they are taught important skills to resolve their conflict. When the parties reach resolution, the experience of a fair process and feeling heard provides a sense of accomplishment.

Mediation is not just a potential solution for a problem. It can be an exposure to valuable skills that one can apply in all facets in life.

Communication coaching:

In along with mediation, Thomas also teaches communication coaching. Communication coaching finds its application when mediation is not the right course of action but there is still a need for effective communication. Thomas will engage on one on one coaching sessions with individuals and he can assist with email communication by redacting a message to a simple business like format and prevent unnecessary escalation.

When is this effective?

This is usually most effective and/or applicable during or after a parental coordination or any conflict that requires parties to communicate while conflict is still at a high level.

How does it look like?

We begin with having a one-on-one session exploring delivery, vocabulary and other strategies for effective communication. You will be taught of the possible reaction your message would result and focus on what is the necessary information you want the other party to hear and to make communicating as pain free as possible.

Arbitration:

Thomas currently offers civil arbitration in an in person and documents only format. Arbitration is a more formal process that can be related to a court proceeding. You will be provided with an Arbitration Agreement which when signed establishes the rules and the jurisdiction of the arbitrator and ensures the decision is not open to appeal.

What is arbitration?

Arbitration is similar to mediation in respect to the expedience and the semi-collaborative element involved. The largest difference is that at the end of the process of presenting their evidence and responding to the evidence provided the arbitrator makes a decision which is binding on the participating individuals. It is a much more formal process and resembles a court process in many ways.

How does arbitration look like?

The course of the arbitration is much more rigid than a mediation. There will be no individual meetings with either party. At the joint meeting the claimant will present evidence and/or witnesses after which the respondent will have a chance to respond with a cross-examination or statement. After the claimant finishes their presentation and arguments the respondent will have the same opportunity to present evidence and witnesses and the claimant will have the same opportunity to cross-examine or make a statement. After both sides present and respond to the evidence the claimant will have a chance to make a closing statement and the respondent will have the same chance. Finally, after the closing of the hearing the arbitrator will set a date for when the award will be submitted to both parties and arrange a time to hold a deliberation on the award of costs.

What to expect from an arbitration?

Arbitration is a great way to have a decision be made when the conflict is not suitable for mediation but not complex enough to warrant a costly and potentially lengthy trial. It is also more accessible for people who might not be represented or would like a less confrontational more tailor made solution.

Contrary to mediation, arbitration focuses more on the weight of the evidence rather than the communication of the two parties. However, parties do have the chance to make joint requests and suggestions to the arbitrator.