Helen Juskievitz Attornys
 
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We provide private mediation services in family and commercial matters.

Courts are, and always will be, a vital part of the justice system, and in some cases, going to court is a necessary and appropriate method of handling a dispute. However, litigation and arbitration has become increasingly expensive, time consuming and risky. It has become increasingly clear that litigation does not always adequately address the parties’ needs and that consensual dispute resolution, in the form of mediation, would be a better option.

With appropriate professional support, most individuals experiencing a conflict or dispute can successfully negotiate workable solutions without judicial intervention.

WHAT IS MEDIATION

Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides reach a solution that is unique to their situation and arrive at an outcome that both parties are happy to accept.

The aim of mediation is to assist the parties in concluding a settlement agreement.

Therefore a resolution through mediation is generally:
 
• quicker than litigation;
• less stressful;
• private and confidential;
• cost effective and substantially cheaper than litigation.

 

Mediation takes place in a non-threatening environment. The parties are assisted to reach an amicable, workable settlement agreement. The focus is on resolving disputes. Once agreement is reached the mediator will assist the parties to prepare an Agreement of Settlement.

Mediators are neutral and impartial and do NOT:-
 
- take sides;
- make judgements;
- tell people what to do;
- or give advice

 

Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation sessions.
If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.

Both parties share the cost of mediation, which will depend on the value and complexity of the dispute.

WHAT MATTERS ARE SUITABLE FOR MEDIATION?

Mediation is a flexible process that can be used to settle disputes in a whole range of situations. Civil and commercial matters would include disputes:-

- Between parties in a business relationship, whether as:
 
- service provider/ customer,
- supplier/customer;
- franchisor / franchisee;
- or between partners in a business;
 
- Between landlord and tenant and between co-tenants;
 
- In the workplace, either between;
 
-employer and employee,
-management and staff
-shareholders and/or members
-shareholders or members and directors
-or between co-workers
 
Between neighbours or family members. Civil and commercial mediation in a family context takes place under any circumstances involving a dispute in a family, other than divorce.

 

HOW LONG DOES MEDIATION TAKE?
The number of sessions needed depends on the nature of the dispute and the issues that need to be addressed– generally three to six sessions are needed. Each session is usually one to one and a half hours long. Sessions are conducted as often as needed and as agreed to by the parties.

LIMITING THE DAMAGE OF CONFLICT
Instead of litigating, mediation offers you a better solution and the possibility of maintaining and even improving the future relationship with your business associate, customer, partner, ex-spouse, children, relatives, etc.

We combine our knowledge of the law and expertise in drafting detailed documentation and together with our expertise in mediation,an amicable agreement can be reached within a warm and supportive context and be expertly recorded.

 
DISCLAIMER
This website is designed for general information only. The information presented on this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
 
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