In Alberta we are seeing an increase in the use of Mediation services, a method used in Alternative Dispute Resolution, for disputants seeking to resolve their conflicts without going to court. Increased use of Mediation as a form of Alternative Dispute Resolution in Alberta signals a rising acceptance of this service in recent years by the general public and legal professionals. In fact, some jurisdictions advise and even require that disputants use ADR of some type, usually mediation, before permitting cases to be tried.
The reasons for increased use of ADR as an alternative to conventional court litigation are pretty compelling; the traditional court system is clogged with an increasing 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 negotiate their own settlements, through a process called Facilitative Mediation. In a technique referred to as Evaluative Mediation, a Mediator may offer ideas on what he/she considers may be a fair or reasonable settlement, in proceedings where it has been agreed by all parties that the Mediator may do so.
Unlike "ordinary" negotiations, the Mediation method in Alberta, as in other jurisdictions, has a specific structure, a determined timetable, and dynamics that set it apart from conventional litigation. As an ADR technique, Mediation is private and confidential.
The presence of a Mediator is the prime distinguishing feature of the process, and the primary factor in securing binding dispute resolution without involving the courts and litigation. 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.
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 aim to help disputants reach agreement (with specific results) on the matter under dispute.
Success in this process depends largely on the Mediator's training and experience, developed through Mediation and Arbitration serving as the primary focus of their professional practice, for achieving dispute resolution. In Alberta, the Mediator's mandated role is characterized by complete impartiality, holding that decisions need to be founded on objective criteria, rather than the basis of bias or prejudice for one party or the other.
In Alberta, Mediation is applied by parties in conflict to achieve resolution on a broad range of issues that, left unaddressed, would likely end up in the courts for resolution through litigation, including labour disputes, employee/employer disputes, land issues, aboriginal issues, marital and family disputes, separation and divorce disputes, business conflicts, contract disputes, debt, municipal issues, international law disputes, etc.
Playing an important role in fostering a stronger and healthier business & economic environment in Alberta, Mediators assist parties to find their own mutually agreeable resolution of issues through their impartial guidance. Mediation is a practical and proven way to avoid the costly expenses and drawn out process that are common to conventional litigation. In Alberta, Mediation is highly effective method for dispute resolution.
The reasons for increased use of ADR as an alternative to conventional court litigation are pretty compelling; the traditional court system is clogged with an increasing 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 negotiate their own settlements, through a process called Facilitative Mediation. In a technique referred to as Evaluative Mediation, a Mediator may offer ideas on what he/she considers may be a fair or reasonable settlement, in proceedings where it has been agreed by all parties that the Mediator may do so.
Unlike "ordinary" negotiations, the Mediation method in Alberta, as in other jurisdictions, has a specific structure, a determined timetable, and dynamics that set it apart from conventional litigation. As an ADR technique, Mediation is private and confidential.
The presence of a Mediator is the prime distinguishing feature of the process, and the primary factor in securing binding dispute resolution without involving the courts and litigation. 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.
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 aim to help disputants reach agreement (with specific results) on the matter under dispute.
Success in this process depends largely on the Mediator's training and experience, developed through Mediation and Arbitration serving as the primary focus of their professional practice, for achieving dispute resolution. In Alberta, the Mediator's mandated role is characterized by complete impartiality, holding that decisions need to be founded on objective criteria, rather than the basis of bias or prejudice for one party or the other.
In Alberta, Mediation is applied by parties in conflict to achieve resolution on a broad range of issues that, left unaddressed, would likely end up in the courts for resolution through litigation, including labour disputes, employee/employer disputes, land issues, aboriginal issues, marital and family disputes, separation and divorce disputes, business conflicts, contract disputes, debt, municipal issues, international law disputes, etc.
Playing an important role in fostering a stronger and healthier business & economic environment in Alberta, Mediators assist parties to find their own mutually agreeable resolution of issues through their impartial guidance. Mediation is a practical and proven way to avoid the costly expenses and drawn out process that are common to conventional litigation. In Alberta, Mediation is highly effective method for dispute resolution.
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