Civil Services

The most familiar process of taking a file into mediation is through the courts and Rule 24.1 commonly known as Mandatory Mediation. To get to this juncture, a statement of claim is issued through the assistance of your legal counsel and filed. A mediator is chosen and a formal mediation is conducted. Now this somewhat simplified version of the events does not take into account the costs connected with the process to this point. You have retained your outside legal counsel or engaged your corporate counsel to go forward and write letters, make phone calls and ultimately if all else fails, file the necessary documentation to commence an action. All of this interaction comes at a cost of course.

There are reports that up to 90 % of disputes are resolved before even reaching the courtroom and yet the costs up to this point are still substantial enough to often deter some from commencing an action.

Over the past years you have heard many stories and read much about the economic and social benefits of mediation as the most up-to-date and valuable business tool in your kit, not reserved strictly for union workforces. And again, it is not restricted only to the judicial processes, meaning, mediation does not have to be mandatory and there are further costs savings connected to voluntary mediation directly between the parties.

In this era of global change, the relationships we develop in business are essential to future success. Historically, if you had a conflict with a supplier, client or employee you would end the relationship and resolve many outstanding issues in court. Today this simply is not the best solution. Substantial time and money goes into researching and negotiating with clients or suppliers and an even larger investment is made in the recruitment, training and retention of good employees. Originally, you had three choices; a court-imposed solution, relentless compromise or a mutually beneficial arrangement.