Alternative Conflict Resolution in Alberta Seeing Growth in Use of Mediation Services

In Alberta we are seeing growth in the use of Mediation services, a method used in Alternative Dispute Resolution, for disputants seeking to resolve their conflicts without going to court. In recent years we have seen increased acceptance and use of Mediation by the general public and the legal professions in Alberta as a form of Alternative Dispute Resolution. Increasingly, we are seeing courts encouraging,and in some jurisdictions requiring, that parties first seek Alternative Dispute Resolution before going to court.

The reasons for increased use of ADR as an alternative to conventional court litigation are pretty compelling; the traditional court system is clogged with an increasing caseload, ADR can require lower costs than conventional litigation, it avoids the public courts, and gives the parties involved greater control in selecting those who will decide their disputes.

Facilitative Mediation is the method used by Mediators, serving as a 3rd party, to help disputants negotiate their own settlements. In a method referred to as Evaluative Mediation, a Mediator may offer ideas on what he/she considers may be a fair or reasonable settlement, in proceedings where it has been agreed by all parties that the Mediator may do so.

The Mediation process in Alberta, as in other jurisdictions, has a structure, timetable and dynamics that "ordinary" negotiations lack. As an ADR method, Mediation is private and confidential.

The key to achieving binding dispute resolution, and the driving factor in this process, thereby avoiding the courts and conventional litigation, is the participation and active role of the Mediator. Unlike conventional litigation where representative counsel operates according to the interests of their respective clients exclusively, the goal of Mediation is to search for consensus and agreement as the basis for securing a mutually acceptable resolution.

With achieving agreement on resolving disputes serving as the primary goal, it is important for individuals and organization in Alberta considering Mediation as a method for Alternative Dispute Resolution to understand that Mediators can draw on a broad range of skills and techniques, developed through certification and ongoing training, to improve and open up the lines of communication between parties, to achieve concrete results on the matter under dispute.

The Mediator's skills, training and experience, developed through a dedicated focus on Mediation and Arbitration as a preferred method for dispute resolution, is central to success in the Mediation process. In Alberta, the Mediator's mandated role is characterized by complete impartiality, holding that decisions need to be based on objective criteria, rather than the basis of bias or prejudice for one party or the other.

In Alberta, Mediation is used by parties in conflict to achieve resolution on a broad range of issues that, left unaddressed, would probably end up in the courts for resolution through litigation, including labour disputes, employee/employer disputes, land issues, aboriginal issues, marital and family disputes, separation and divorce disputes, business conflicts, contract disputes, debt, municipal issues, international law disputes, etc.

By encouraging disputants to negotiate their own mutually agreeable resolution of disputes through their impartial guidance, Mediators in Alberta play an important role in fostering a stronger business and economic environment. Mediation commands growing respect as a attractive alternative method for dispute resolution, and a practical way to reduce the costs and lengthy time normally required for conventional litigation. In Alberta, Mediation is highly effective method for dispute resolution.

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