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CCI-GHC Conference - April 9 th , 2011 Colm Brannigan 905-840-9882 1-877-440-9882 colm@mediate

MEDIATION : MYTHS & FACTS. CCI-GHC Conference - April 9 th , 2011 Colm Brannigan 905-840-9882 1-877-440-9882 colm@mediate.ca. What is ADR?. Alternative Dispute Resolution (ADR) is a term used to describe a basket of procedures outside the traditional litigation process. Role of ADR.

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CCI-GHC Conference - April 9 th , 2011 Colm Brannigan 905-840-9882 1-877-440-9882 colm@mediate

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  1. MEDIATION : MYTHS & FACTS CCI-GHC Conference - April 9th, 2011 Colm Brannigan 905-840-9882 1-877-440-9882 colm@mediate.ca www.mediate.ca

  2. What is ADR? Alternative Dispute Resolution (ADR) is a term used to describe a basket of procedures outside the traditional litigation process. www.mediate.ca

  3. www.mediate.ca

  4. Role of ADR ADR is about options for resolving disputes as an alternative to traditional litigation. 95%+ of civil court cases settle before trial.

  5. Understanding the circumstances surrounding conflict or dispute Responding with an appropriate management or resolution process www.mediate.ca

  6. Different ADR options may be applicable at different stages of a dispute – negotiation, mediation or arbitration. www.mediate.ca

  7. Based on a survey of over 500 of the largest U.S. corporations: • 88% have used mediation • 81% said that mediation provides "a more satisfactory process" than litigation • 90% view mediation as an effective cost-saving measure • 82% said that the main reason to use mediation is that it allows the parties to resolve disputes themselves www.mediate.ca

  8. Why Mediation in Condo Disputes? Condos are communities. Ongoing relationships matter. People live up to agreements they participate in making. www.mediate.ca

  9. Mediation is the only dispute resolution process that has the potential to repair and foster ongoing relationships. www.mediate.ca

  10. 2007 Canada Department of Justice Canada Study on the effectiveness of using mediation found where mediation is used the following outcomes are improved: www.mediate.ca

  11. Measured Staff Hours Saved. Measured Case Length. Perception of Time Savings. www.mediate.ca

  12. Cases Successfully Settled. Perceptions of Fairness. Satisfaction with Outcome. www.mediate.ca

  13. Satisfaction with Process. Perception of Compliance. Perception of Cost Savings. www.mediate.ca

  14. Mediation Myths Myth: Mediation does not work. Fact: Mediation is successful in between 40% and 80% of cases. www.mediate.ca

  15. Myth: Mediation takes too long. Fact: Mediation can be put together in days or weeks rather than months or years. www.mediate.ca

  16. Myth: Mediation isn’t for “real” problems. Fact: Of course it is - if they were not "real" or difficult problems, you would be able to solve them yourselves. www.mediate.ca

  17. Myth: Certain Types of Cases Cannot Be Mediated. Fact: All types of cases can be mediated. The subject matter and amount in controversy are generally irrelevant. www.mediate.ca

  18. Myth: When the case has not settled at the mediation session, the parties will go on to Arbitration/Litigation. Fact: Many cases settle within a few weeks of mediation. www.mediate.ca

  19. Myth: All mediations are the same – one size fits all. Fact: In selecting the model and the mediator, the board, management company and lawyer should consider the personalities involved and subject matter of the dispute. www.mediate.ca

  20. How to find a Mediator Alternative Dispute Resolution Institute of Ontario - www.adrontario.ca www.mediate.ca

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