What is Mediation?

Most civil lawsuits are often resolved out of court, as it is often more timely and cost-efficient. Often this involves incorporating the use of mediation.

Mediation is when the parties come together outside of court to discuss ways to resolve conflicts in efforts to come to a potential settlement, agreement or resolution of the conflict with the aid of a neutral third party. Mediators are not appointed by the courts, so the parties can consent to select a mediator who is knowledgeable in the specific subject matter at issue.

Mediation is a structured, dynamic and interactive process whereby an impartial third party individual acts as a moderator to oversee and facilitate discussion. The aim of these meetings and discussions is structured in a way in hopes of coming to a mutual agreement in resolving conflicts. This is done through the use of specialized communication and negotiation techniques. All participants in mediations are encouraged to actively participate in the process.

Mediation is a growingly popular way of resolving disputes as it helps reduce the backlog of the court system. It is an alternative dispute resolution (ADR) – which refers to alternative methods of getting people to agree and settle their legal issues without having to go to court.

Mediators don’t make decisions or force you and the other side to agree; they simply help facilitate discussion and help you understand each other’s position by implementing structured discussion in efforts to work out an agreement. It is important to note that you do not have to have a lawyer present at mediation with you; however, they can assist by:

  1. Advising you on how the law applies to your situation,
  2. Explain to you how the mediation process typically works and their opinion as to the progression and quality of settlement discussions taking place and
  3. If they feel that the offers being discussed are fair and reasonable.

Mediators typically consist of highly trained and experienced professionals such as lawyers, social workers or professionals specially trained in meditation.

How On The Record (OTR) Can Assist You With Mediations

Are you trying to resolve disputes during COVID-19?  On The Record (OTR) conference room rental and court reporting can help. While Ontario courts are still closed and operating on a modified basis for urgent matters, this leaves lawyers, mediators and arbitrators needing to quickly adapt to a new era of online conferencing and meetings.

With a number of court services being continually done virtually through the use of online meetings,

we remain committed to our clients and will continue to provide the same quality service online.

We can schedule your examinations, discoveries, hearings and mediations as we offer:

  1.   Zoom meetings
  2.   Microsoft Team Meetings
  3.   Our team members are here to schedule your proceedings
  4.   All proceedings are held in the comfort of your home or office
  5.   Our court reporters and IT teams are available to assist you with the technical aspects of using the video-conference software


To book a conference room for a meeting, mediation or to discuss a court reporting position with On The Record, call one of our locations today, conveniently located in Whitby and Barrie. We look forward to discussing your court reporting needs.