Services
01. Mediation
A good settlement is better
than a good lawsuit.
Abraham Lincoln
It's like the old fable about the sun and the wind... persuasion is often more powerful than force and bluster.
Mediation is a voluntary process for settling disputes out of court. Because mediation is entirely voluntary, both parties must agree to attend at mediation for it to work. Mediation encourages co-operation, compromise and finding creative solutions to address everyone's needs and concerns.
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A mediator's job is to assist parties with settling contentious issues. The mediator remains neutral at all times, do not have decision making power and do not provide legal advice. They are simply there to facilitate communication and to bridge the gap that may exist between parties. At mediation, the parties remain in full control of the outcome. Mediators receive special training and have an arsenal of effective tools to help parties communicate with one another, so settlement can be achieved.
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Mediations can be done with just the parties, or with the addition of legal counsel representing the parties. It is held at the office of Dauanis McKay + Harms, a neutral and safe space. The process is informal when compared to court proceedings. Parties simply come, sit down and talk things over with the guidance of a mediator to see if a middle ground can be reached. There is no prerequisite to attend at mediation, the only thing you will need is an earnest desire to work things out cooperatively. We will provide everything else you need, even snacks.
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The discussions held at mediation are without prejudice, meaning they remain confidential at all times until and unless a settlement is reached. This gives parties the ability to discuss issues and make offers freely, without fear that it will later be used against them. Once an agreement has been reached, parties can formalize the settlement terms by way of Consent Court Order or by a binding contract (e.g. Separation Agreement). It can be that manageable!
Benefits of Mediation
Cost Effective
There is no hefty retainer or the need of lawyers for Mediation. Even difficult files with multiple issues have been resolved in short order through Mediation. Mediation can often be completed at a fraction of the cost of court. Litigation can be prohibitively expensive, resulting in the erosion of savings.
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Because we offer flat-fee Mediation services, this further helps with budgeting. You know ahead of time how much each session will cost before you commit.
Encourages Cooperation
Mediation is about parties coming together to find a solution that works for everyone. It requires parties to listen to one another, encourages effective communication and is grounded in co-operation. The process will often de-escalate conflict and allow parties to voice their concerns and be heard. Mediation is the opposite of litigation, which is an adversarial process that pits one party against the other. Where families, especially children are involved, Mediation should be the preferred choice. It helps preserve relationships and allows parties to gain important communication skills for the future. Mediation works.
Timely Resolution
Court, being a formal process, requires parties to take many steps to get a matter to trial. Trial and court times are scare and often take months to secure. From the commencement of action to trial, litigation can sometimes take years. Conversely, Mediation can be booked in just a matter of weeks and there is no prerequisite to attend Mediation.
Control of Outcome
Because the mediator has no decision making power, the parties remain in control of the outcome at all times. There is no settlement unless the parties agree on one. No one ever dictates what happens, other than the parties. You never have to take a gamble with you or your family's future.
Protecting Privacy
The discussions at Mediation are without prejudice and Mediation is held in a private meeting space. There is no transcript and no public access to the meeting or to any documents. Your family's private affairs stay private.
Creative Solutions
Mediation allows parties to craft unique, creative and fluid solutions tailored to their own needs. There is no one size fits all.
Albert Einstein
