Patricia Lane - Lawyer/Chartered Mediator

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COMMERCIAL MEDIATION F.A.Q.

Cost containment
Client satisfaction
Privacy
Timing
Can I bring my lawyer?
Is mediation a good choice in my case?
Relationships matter - will mediation help?
What is the difference between mediation and arbitration?
We have an arbitration clause in our contract. Can we still use mediation?
Does asking for mediation signal weakness?

For more information on whether commercial mediation could help you or your clients, contact Patricia.

Cost containment FAQS
Mediation can be cheaper than any other alternative. Normal fees for a standard litigated Wills Variation Act or commercial lease dispute are in the range of $10,000 - $20,000 per party. In cases like this, if mediation produces agreement, each party can expect to save $5,000 - $15,000. In one case in the last few years, counsel estimated that they would charge each party $40,000 - $60,000 for a contested matter involving complicated family business issues. With mediation, their clients' bills for legal advice were about $25,000. The mediator charged $4500. Each party saved between $15,000 - $20,000. The savings would have been greater if they had come into mediation before discoveries. One corporate client recently estimated mediating an agreement saved $60,000.

Client satisfaction FAQS
Mediation is a process which you control which allows you to get what you want. It works well when all concerned are clear about their goals and are determined to avoid "soft compromises." Mediation assists people to make rational choices about their best alternatives. If you don't get what you want, you can still go to court. The adversarial system delivers rates of client satisfaction at about 25% for those who win. Mediation consistently delivers rates of client satisfaction at better than 80%, even in those relatively infrequent cases where no agreement is reached. People like being involved in solving problems; they like being heard and respected by their opponents, and they like working side by side with their lawyers while they make the decision.

Privacy FAQ S
Mediation allows you and your opponent to work out your dispute in private.

Timing FAQS
An Ontario Supreme Court study has proved that mediation settles cases more than twice as fast as those negotiated by lawyers alone. If you go to court, you may wait a year or more for a trial date. The people involved control the timing of the mediation.

Can I bring my lawyer? FAQS
Lawyers can be extremely valuable aids to the mediation process. Counsel can assist their clients to understand the range of options, weigh alternatives and engage in risk assessment.

Is mediation a good choice in my case? FAQS
Mediation is applicable to any dispute. Studies in the U.S., Ontario and Saskatchewan prove that it works well in complex matters involving complicated legal issues and numerous parties, in simple price disputes, hostile disagreements between two people, and in preventing court battles over succession, and construction project fights.

Relationships matter - will mediation help? FAQ S
Mediation brings people together, no matter how hostile they are, to work to solve their common problem - resolving the dispute. The adversarial system drives people apart as each tries to win.

What is the difference between mediation and arbitration? FAQS
In mediation you control the process and the decision. In arbitration you hire a third party to act like a judge to make the decision for you. The real advantage of arbitration over court is that arbitration generally happens faster. All the usual restrictions about rules of evidence, formality, etc. apply. In mediation you control what gets said and what decision-making process is used. Arbitration is binding. While most mediations result in agreements, and clients rate the process highly, if there is no agreement you can still proceed to arbitration or court.

We have an arbitration clause in our contract. Can we still use mediation? FAQS
Absolutely - providing the other side agrees. Lawyers are increasingly aware of the advantages of mediation. If your lawyer proposes it, there is a strong likelihood that the other side will consent.

Does asking for mediation signal weakness? FAQ S
Quite the opposite. Think of mediation as a process to help you get what you want faster and cheaper than going to court. And even if the other side does suspect the strength of your case, once they get into mediated discussions, they will see just how strong your case is and design their responses accordingly.

* denotes law corporation