Bk Law

Archive for February 13th, 2017

Closed and Open Mediation

Posted on: February 13th, 2017 by BK Law

There is a difference between closed and open mediation.

Closed Mediation maintains confidentiality of the parties. This means that the negotiations and offers made are not used as evidence in any legal proceedings between the parties. Mediators will not give any report to the court or to the lawyers of the parties. Most family mediations held in Ontario are closed mediations.

Open Mediation waives the confidentiality which means that whatever said during the mediation process can be disclosed in any legal proceedings between the parties. In an open mediation, the mediators prepare a report when the mediation comes to and. This report may be submitted to the court.

Pre-Mediation Screening

Posted on: February 13th, 2017 by BK Law

Pre-mediation screening takes place before the parties agree to proceed with the mediation process. It helps the mediator to determine the procedural needs of each party and whether mediation is appropriate for the parties or not. The mediator meets with each party separately at the intake meetings. Each party completes an intake form.

Screening is usually for domestic violence and abuse, mental health and any drug/alcohol addiction or any vulnerability fears the parties may have. This initial meeting gives an opportunity to the party to seek more information and to clarify any questions that will help the party to make a decision. This would establish if the mediation is appropriate or not.

Screening is an important step and is taken very seriously at our office.

Call us @ 905-290-7205 for more information.