Family Mediation Manitoba Inc.

F.A.Q.

What is Mediation?

Mediation is a structured process that is intended to assist in the resolution of a dispute or conflict between two or more parties (these can be individuals or groups of people). The process is guided or managed by a neutral person, usually referred to as the mediator, or sometimes, "the neutral". The mediator should be qualified (trained and experienced) to provide the service.

The disputing parties who choose to resolve their dispute through mediation (usually referred to as "participants") are responsible for defining or identifying the issues, which they wish to resolve through the process. The participants are also responsible for the final result of the process: whether or not they are able to reach a final settlement, and what the specific points of agreement will be.

The mediator's role is limited to management of the mediation process: the mediator does not give advice, pass judgement, or determine the outcome.

The mediation process is strictly voluntary, and, in most cases, confidential. (In some situations the confidentiality of the process of mediation is ensured by legislation. But this is not always the case. Be sure to obtain clarification what confidentiality means and how it may apply in your situation from the mediator, or your lawyer, before you decide whether mediation is for you).

How can it be useful to me?

The Mediation process, as a tool for the resolution of disputes, can be, and has been, applied in various dispute and conflict situations:

between individuals in families, schools, work place, and the neighbourhood;
between groups in the community, between various interest groups and governments, between labour and management;
between levels of government, and between nations.

Mediation is generally considered to be an effective tool in resolving issues and in minimizing the monetary and psychological costs of continuing conflict on the disputing individuals and others affected by the dispute.

Does Mediation have advantages over other ways of resolving issues or conflicts?

In any conflict or dispute, the parties have several choices:

Ignore the problem / issues (let it go)
Allow it to go on (with the risk of escalation and possible ultimate physical conflict)
Resolve the dispute by discussing it between them

If the conflict is such that it cannot be ignored, and the parties do not wish it to escalate, but are not able to resolve the issues by direct discussion, they may choose to:

Have their issues resolved by advocates (possibly lawyers) whose role is to negotiate the issues on their behalf, in a process of direct negotiation
Have a settlement proposed through a process of non-binding arbitration
Have their issues decided through a process of binding arbitration (such as the courts)
Participate in a process of mediation. In a situation where the disputing parties cannot for whatever reason resolve the issues by themselves in a direct negotiation, mediation can provide them with a process in which the mediator provides structure, management of the emotional atmosphere, and an orderly consideration of issues. The participants, however, retain full control of the "definition" of issues, and have the ultimate freedom to determine the specifics of the final points of agreement.

A skilled mediator can uncover and help the participants address the underlying issues that often serve to complicate and fuel disputes. Underlying issues in the form of (sometimes unidentified or unacknowledged needs, concerns, grievances, or fears) often exist in disputes where there is a "personal" element between the participants. The resolution of underlying issues is particularly critical in those situations where it is necessary for the disputants to continue to deal with each other, after the dispute has been resolved.

An additional beneficial characteristic of mediation is that it may serve to teach the participants new approaches to communication, and new skill in the resolution of conflicts. These skills, which the participants may be able to learn as a result of direct communication in the mediation process, with the demonstration and coaching of the mediator, can be carried over into the participants' day-to-day dealings with each other or others.

Are there any limitations to what Mediation can do?

Mediation is not always appropriate, and may in fact be harmful under some circumstances. Mediation cannot be forced on people, and it cannot resolve issues for them. The "balance of power" between the disputing parties must be reasonably equal. This means that each of the parties must be able and willing to participate in the process freely, and feel reasonably self assured in presenting and defending their legitimate interests. There cannot be any implied or real intimidation in the process, and there must not be any real or implied threat connected with the outcome of the process. In situations, where one of the disputants is for whatever reason, at a significant disadvantage, mediation may not be appropriate. In situations where there has been psychological or physical abuse, mediation is considered to be inappropriate.

Where can I get advice on issues that are of concern to me in my dispute?

Neither the mediation process nor the mediator, are a source of advice. The mediator may provide certain basic information that may be of assistance to the participants, in the mediation process. However, where there is a need for specialized information, such as psychological information, legal, financial, or other information specific to the issues in dispute, or where the disputants may need professional advice pertaining to their situation, disputants are well advised to consult a lawyer or other specialist before deciding about mediation and during the process.

Where can I find a mediator if I need one?

Family Mediation Manitoba Inc. publishes a Directory of Mediators, which lists mediators who are members of the association, and indicates their qualifications.

How can I be sure if I will receive good service from a mediator?

Mediation is as yet unregulated as a profession. Anyone, who wants to mediate can present herself/ himself as a mediator. Individuals seeking mediation should exercise caution and good judgement in selecting a mediator. Legitimate mediators should be willing to present their credentials in terms of training and experience. Mediators who belong to mediation and conflict resolution organizations are often certified in their field of practice. They are also subject to professional rules of conduct and discipline.

What about fees?

Mediation fees vary from agency to agency and between mediators. Some mediation services are available free of charge. Persons looking for mediation services are entitled to information about fees in advance.