|Alberta Justice Provincial Court Civil Mediation Program|
|The Mediation Program in Calgary, Alberta, Canada is managed by the Better Business Bureau of Southern Alberta|
|What is mediation?|
|Mediation is a balanced discussion between the Plaintiff(s) and the Defendant(s) that is facilitated by a mediator for the purpose of trying to resolve the dispute without proceeding to trial. The mediator remains neutral throughout the discussion and does not give advice, offer an opinion or render a judgment. The mediator controls the process of the discussion and the parties control the result. Therefore, any agreement achieved through mediation is voluntarily entered into by the parties and is mutually beneficial to those involved.|
|What are the benefits of mediation?|
|Mediation offers the parties the opportunity to gain greater insights into the dispute in which they are involved, avoid the cost (in time and money) of prolonged litigation, reduce the stress that can result from ongoing conflict, maintain business and personal relationships and create a high quality, positive outcome.|
|Who are the mediators?|
|The mediators are trained and qualified practitioners. They also have training in other fields, such as administration, architecture, education, engineering, law, management, law enforcement, real estate, and social work. They pledge to be fair, impartial and unbiased.|
|Who should attend mediation?|
|The parties: The individuals named as Plaintiff(s) and Defendant(s) on the Civil Claim form must attend the mediation. When a corporation is a named party, its appointed corporate representative(s) must attend the mediation. |
Those in attendance must have full knowledge of the case and unrestricted authority to settle and withdraw from the claim or dispute.
The lawyers and agents: The parties are permitted to attend with legal counsel or other representation at the mediation. Representation at the mediation is not required. The mediation process is designed to have the parties speak for themselves and they will be encouraged by the mediators to do so.
The witnesses: Witnesses are people with first hand knowledge of the events that give rise to the dispute. In mediation, parties are not required to prove their case. Therefore, witnesses (other than the parties) are not permitted to attend. Be advised that people who present themselves as an agent for either the Plaintiff or Defendant may not be allowed to testify as a witness at trial.
|What should be discussed in the mediation?|
|Participants in mediation should bring with them all relevant documentation pertaining to the dispute. Participants should come prepared to discuss every element of the dispute in detail. Full disclosure and confidentiality are encouraged in mediation as it increases the likelihood of a successful result.|
|What results from a mediation?|
|If the parties resolve the dispute in mediation, the mediators will assist them in drafting a “Mediated Agreement”. Once the terms of the Mediated Agreement have been fulfilled, the Claim and Dispute Note are withdrawn. If the parties are unable to resolve the dispute in mediation, the matter will be scheduled for trial on the next available trial date.|
|What happens if the parties do not attend the scheduled mediation?|
|Attendance at a scheduled mediation is mandatory. |
Failure to attend a scheduled mediation without a reasonable excuse may result in the absent party: Being ordered to pay costs to the other party of up to $50.00 Being unable to take further proceedings in the action, and/or Having their Claim or Dispute Note struck out, entitling the other party to apply for a judgment without trial.
If you believe there is a good reason not to mediate and wish to make an application to a Judge for exemption, you must do so promptly.
The above-captioned information is based on the most recent literature provided by the Alberta Justice Provincial Court Civil Mediation Program