There are several routes, however, here are the most common.
Scenario 1: A dispute arises, with no attorneys involved
Scenario 2: Dispute arises, with attorneys consulted
Scenario 3: Court date set, case not yet started
Scenario 4: Court proceedings are underway
Scenario 1: A dispute arises, with no attorneys involved
✅ Do:
- Notify the other party that you want to enter mediation.
- Gather relevant information or documents before the session.
- Book a session with the mediator and attend the first consultation.
- Listen actively and stay open to compromise.
- Follow the mediator’s guidance and remain respectful.
- Sign the written agreement once both parties are satisfied.
- Keep all discussions confidential.
❌ Don’t:
- Enter mediation with the goal of “winning” at all costs.
- Interrupt or talk over the other party.
- Bring outside pressure or threats into the session.
- Share what’s discussed with anyone outside the mediation.
- Expect the mediator to take sides or make decisions for you.
Scenario 2: Dispute arises, with attorneys consulted
✅ Do:
- Inform your lawyer that you want to try mediation.
- Share relevant documents with your lawyer beforehand.
- Attend the mediation session and participate openly.
- Let your lawyer review the agreement before signing.
- Respect the other party and stay focused on solutions.
❌ Don’t:
- Use mediation to argue legal points instead of finding common ground.
- Ignore your lawyer’s advice if you have one.
- Bring threats, ultimatums, or outside pressure.
- Expect the mediator to act as your lawyer.
Scenario 3: Court date set, case not yet started
Before booking a mediation session, you will need to notify the court:
- Step 1: Go to the office of the mediation clerk at the court and explain your problem.
- Step 2:
- a) If mediation is possible, the clerk will assist you in completing the application form.
- b) Alternatively, you can download a J012 in advance, complete and print, then take it to the mediation clerk before starting court proceedings.
✅ Do:
- Be prepared to discuss the issues calmly and openly.
- Attend the mediation session on the scheduled date.
- Consider how solutions from mediation could avoid a trial.
❌ Don’t:
- Ignore mediation invitations or assume it’s unnecessary.
- Use the process to delay or manipulate the court schedule.
- Expect the mediator to decide your case for you.
Scenario 4: Court proceedings are underway
Before booking a mediation session, you will need to notify the court:
- Step 1: Go to the office of the mediation clerk at the court and explain your problem.
- Step 2:
- a) If mediation is possible, the clerk will assist you in completing the application form.
- b) Alternatively, you can download a J128 in advance, complete and print, then take it to the mediation clerk before starting court proceedings.
- Step 3
- The Clerk will invite you and the other party to come to a meeting to discuss and agreement to mediate.
- At this meeting:
- The clerk will explain mediation.
- The parties sign a written agreement to mediate.
- The date and time of the mediation will be agreed.
✅ Do:
- Speak with your lawyer about pausing certain steps to try mediation.
- Attend mediation sessions while your case continues.
- Keep an open mind and focus on mutually acceptable solutions.
- Formalize any agreement and submit it to the court if possible.
❌ Don’t:
- Let ongoing tension or frustration block progress.
- Try to use mediation as a tactical advantage in court.
- Expect the mediator to replace the judge or court’s authority.