The COVID pandemic has made mediation even more desirable as a dispute resolution strategy. It is sometimes seen as a more inexpensive way of coming to a resolution between parties and a less intrusive means to an end. It is important to point out that for some parties, mediation can be a very effective strategy to resolve issues. However, for others that is not the case. Here are a few points to consider:

• Mediation should be voluntary – both parties should come into the mediation process voluntarily and without any pressure.
• Mediation should be facilitated by a neutral party without any interest in either of the parties.
• Mediation should be focused on the goals of the mediation.
• If you have a lawyer to represent you at a mediation, he or she should help prepare you for mediation.
• Take your time and do not rush into an agreement.

Do I Require a Lawyer for Mediation?

You do not require a lawyer for mediation. Just as you can choose to represent yourself in your legal matter, you are free to represent yourself in a mediation. Having said that, there are few advantages in having a lawyer represent you at a mediation including:

• A lawyer representing you provides another pair of eyes and ears on what is being discussed in the mediation.
• A lawyer is a licensed professional there to protect your legal rights and is there to keep you informed on a fair agreement.
• Someone who can help create options to facilitate a faster resolution.
• Someone who can slow down or speed up the process when you require it.
• However, even if you do have a lawyer, remember it is the lawyer’s job to inform you of your options, not decide for you or pressure you into a settlement.

SMP Law is always here to help if you have any questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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