Submission Questions Flashcards
What type of mediation was used in your example and what was the process?
In this case an evaluative approach was taken by the mediator to advise on the merits of the case and how the court might see it.
The lease determined the ADR method as Arbitration however it was in my Clients interest to initially try to resolve through Mediation whereby both parties have an opportunity to confidentially negotiate and receive guidance as to the legal position. The benefit in this case was to preserve the relationship between LL and Tenant and reach an agreement.
Agreed time and place.
Prepared a position statement.
What is the role of the mediator?
To control, manage and facilitate the process with integrity and professionalism.
Prepare a settlement agreement based on the outcome of the dispute.
