If all parties have already agreed to mediate, simply call us to discuss preferred dates and locations. If you wish our assistance in obtaining the agreement of the others to mediate, call or send us a completed Application for ADR Assessment, including the name, address, fax and telephone number of the solicitor or other representative of each party whose participation is necessary for a comprehensive resolution. Fees are set out in the schedule accompanying this information sheet and may be reviewed with an Agree case coordinator.
Prior to The Mediation
The following issues should be addressed:
- It is recommended that the parties either be represented by counsel at the mediation or have counsel readily available for consultation (i.e. by telephone) for productive negotiations to occur.
- It is essential that everyone whose decision is necessary for settlement participate. Personal attendance is strongly preferred although telephone participation can be accommodated.
- Information should be exchanged in advance of the mediation to assist all parties in making realistic settlement decisions during the mediation. We expect the parties or their solicitors to specify any additional information that they require and to follow that up with the other parties. Agree is prepared to assist in this regard at your request.
- Submission of briefs is strongly encouraged. Parties who submit briefs should not exceed 5 typed pages (plus exhibits). These briefs should be received by the mediator at least five days in advance of the mediation. Briefs are to be exchanged prior to mediation to allow parties to prepare fully for the conference.
At The Mediation
Generally, the mediation will begin with a joint session attended by all participants. Please come prepared to summarize your perspective on each of the issues during this session. You may use whatever presentation method you believe most effective, including charts, audio-visual, and oral presentations by counsel and principals. Bear in mind that the goal is not to prove a case but to clarify your views with decision makers among the parties while educating the mediator. Depending on the type of case the initial presentation may last between five and twenty minutes and may include statements by the individual parties.
The joint session includes negotiated agenda setting and a working through of individual issues in a systematic manner. Private confidential caucuses between the mediator and each party occur during the course of mediation. In caucus you can discuss information which may assist in working toward a resolution but which you may prefer not to disclose in direct negotiations. The mediator will assist all parties in exploring the strengths and weaknesses of their case. Caucuses provide an excellent opportunity to assess realistic options for resolution without compromising any party's negotiation posture.
Any agreements arrived at may be transcribed into a Memorandum of Understanding and can form the basis for Minutes of Settlement.
If a resolution is not reached in the initial mediation session the parties may authorize the mediator to conduct follow-up activities. These may consist of telephone caucusing, further investigation or information exchange among the parties, an additional mediation session, or the use of some alternative procedure such as arbitration.
If you want to bring a matter forward for mediation, simply call Agree and provide the particulars by phone.