Independent mediators are neutral, impartial third parties whose job is to help disputants resolve their disputes. The process is less formal and more collaborative than a court proceeding, which can save time and money for both the disputants and their lawyers.
Once a dispute is referred to mediation, both disputants and their representatives meet with the mediator and each other in a private setting. The mediator will listen to all sides of the story and may suggest a solution that both sides can accept. This may involve a partial settlement or an out-of-court resolution, for example, a joint written statement that sets out the facts of the case and the terms of the settlement.
The mediator will conduct a number of meetings with each party to discern the underlying issues and the issues that are impeding a negotiated solution. These private meetings are called caucuses and they remain confidential. The mediator will also provide each of the parties with information about how their case might be viewed at trial and about the risk and expense associated with continuing with the dispute.
Depending on the type of dispute, the mediator may change the way they conduct sessions with the parties and their lawyers to suit the circumstances of each case. For instance, if the mediator believes there is significant animosity between the disputants, the mediator may keep the parties apart during the course of the mediation. On the other hand, if the dispute involves a complex issue that requires specialized knowledge or expertise, such as a securities class action, the mediator may choose to have the parties sit together throughout the mediation.
Vendrell warns that a good mediator will avoid sacrificing the weak to appease the strong. “It’s easy to do,” he says, but it can result in a short-term settlement that does not last and may even make the dispute worse. Likewise, the media can be useful or harmful.”
The mediator will review the papers forwarded by LEB and reach out to each of the disputants to discuss the case. The mediator will also discuss the case with a representative of EEOC.
The mediator will identify the next steps in the process, which can include a series of telephone meetings or a single in-person session with both disputants and their lawyers. In addition, the mediator will likely continue to work with each of the disputants over the phone in between the in-person sessions. In the event a resolution cannot be reached, the matter will be referred back to LEB for further processing. The mediation process is free of charge for homeowners who disagree with their Tarion Warranty Assessment Report and wish to use independent mediation to resolve the disagreement. To request mediation, homeowners must contact their local Tarion office. If you do not have a local office, please contact [email protected] for more information.