How it works
What are the options?
Disputes can be resolved in many ways, including through negotiation, mediation, arbitration and/or early neutral evaluation. In the Federal Court, Court-assisted mediation is available to help parties resolve or narrow their issues.
What is Mediation?
Mediation is an informal conflict-resolution process conducted by an independent, neutral third-party, known as a mediator. The role of the mediator is to assist the parties, through better communication, and facilitate a resolution of their dispute. In Federal Court, mediations are often managed by prothonotaries, who are trained mediators, as part of their case management role. Judges may also mediate matters.
Mediation offers the parties the opportunity to partially or fully settle their disputes thereby reducing the need for a trial or a hearing. Even where the mediation does not result in a settlement, it can still be very beneficial as it provides the parties with an opportunity to discuss the issues, clear up misunderstandings, narrow the issues in the case, and find areas of agreement in a confidential environment. This opportunity is rarely possible in the adversarial process of a trial or contested judicial review hearing.