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How Mediation Works

Freedom of choice is basic to the mediation process.

The Three Steps:

 

Step 1 - We Talk: We talk in person, over the phone, or e-mail. If we believe that mediation is advisable, then the other parties are contacted.

Step 2 - We Meet: Individual meetings, in person, are conducted with each of the parties involved, usually for about an hour each, in the same place as will be used for the mediation. We often use one or more rooms at the top of an office tower at Yonge and Dundas in downtown Toronto. It’s at the north end of the Eaton Centre and is easy to get to, and it’s friendly and comfortable. A secretary, Internet, photocopies, refreshments and whatever else we need is available.

This meeting is called the Case Development, and it’s an opportunity for you to explain your experiences, needs and hopes. The mediation process will also be explained, and the role of the mediator as third-party neutral. At this time we also discuss the kind of agreement which may be reached at the end of the mediation, and the legal status of this Memorandum of Agreement. You have choices.

 

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Step 3 - We Mediate: We all meet together, for two or three hours, for the mediation. It is tiring, but amazingly productive. Having all come to this point, you have come a long way toward transforming the problem, and resolving it. A second meeting is very common. Sometimes it’s just necessary to have a time to consider the outcomes, and then a few days later to meet briefly to finalize.

It is not usually advisable to bring lawyers or social workers, but it’s possible. They must agree to remain in a secondary role, advising you but not speaking for you. What is fairly common, is for the parties at the conclusion of the mediation to write their own Memorandum of Agreement, and later take it to their lawyers. But you don’t need a lawyer to have a satisfactory resolution.

What does it cost? I’ll give you an estimate before you make any commitment and if either party decides during our first meeting that they do not wish to go ahead, there is no charge.

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It’s no wonder that mediation is an increasingly popular alternative to the legal system.

 

John Becker Mediation
Zen Buddhist Temple
297 College Street
Toronto, Ontario, M5T 1S2