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Mediation

What is mediation?

Mediation is a way of settling cases without having a hearing in court. It is supervised by the Federal Court. It is cheaper and less formal than having a case heard by a Judge.

Mediation is also called alternative dispute resolution (ADR).

If the case does not settle at the mediation it can be heard by a Judge later. The parties will then have a better idea of the issues and facts of the case.

Mediation can also help to reduce the stress of going to court.

The first step in starting a case in the Federal Court is filing an application form. This means a person sends or delivers his or her application form to the Court by bringing it to the Court, or by posting or faxing it or by sending it by the Internet.

Once an application form has been filed, a Judge may order that the people involved in the case meet in a mediation. Usually, but not always, everyone agrees to this. The people involved in the case are called the parties.

At the mediation there is a neutral person, called the mediator, who helps the parties settle their differences through negotiation. The mediation is confidential and all discussions are 'without prejudice'. This means that anything said during the mediation cannot be used against a party if the case is heard by a Judge at a later time.


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arrow What is mediation?
arrow Why mediate?
arrow What cases can be mediated?
arrow Who does the mediation?
arrow What does the mediator do?
arrow Who comes to the mediation?
arrow How do I prepare for mediation?
arrow What happens at mediation?
arrow What happens after mediation?
arrow How much does it cost?
arrow Interpreters


 

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Updated August 1, 2008