Mediation & Dispute Resolution

By Peaceful Waters offers mediation and dispute resolution services in Kitchener-Waterloo, online and throughout Ontario. We help create respectful, fair and open dialogue to mediate separation agreements and resolve business/financial, workplace, family, school, or church conflicts and disputes. Our goal is peaceful, respectful and mutually beneficial outcomes that take into account the interests of all parties. 

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Mediation and Dispute Resolution Can Help

Conflict can arise wherever people relate and interact. This means that mediation and dispute resolution can also help in a variety of situations and contexts, including: 

The job of a mediator is to skillfully support parties to resolve their conflicts peacefully and effectively. As a neutral third-party, a mediator remains non-judgemental while actively listening for the underlying needs and interests of each party. The result is often a shift or change in perspective that leads to greater understanding of the situation and of one’s own self. 

Mediation: A Relational Approach 

Mediation can be an effective approach to resolving conflict because the process encourages each person’s participation . It takes into consideration the interests of all those involved.

Unlike litigation, mediation provides opportunities to explore relational dynamics and their impact on the conflict at hand. This could include various factors such as past disputes, workplace culture, intergenerational dynamics, power imbalances, etc.  

By encouraging these insights and understandings, we emphasize a relational, as opposed to a positional approach to conflict. This means that mediation allows participants to address not just the substance of the presenting conflict, but also the troubled relationships or patterns that may be at its source. 

“Every great and deep difficulty bears in itself its own solution. It forces us to change our thinking in order to find it.”

~ Niels Bohr

Mediation is Empowering

Wherever relationships exist, conflict will also exist. Conflict is a natural and expected part of human relationships. However, it can often feel very messy and create feelings of worry, fear, anger, and stress. Learning to healthfully perceive and navigate conflict is one of the greatest benefits of mediation.

Mediation invites participants to expand their understanding of a situation and pursue resolution that respects the interests of those involved. By engaging in mediation, participants can experience personal growth and positive change in a relationship, business or organization.

 

The Mediation Process

1. When you contact our office, you will be connected with someone from our team who can provide information and answer questions. You can complete the intake process by signing the Mediation Agreement and Financial Contract.

2. To start the mediation process, each participant will attend an individual meeting to cover mandatory screening for intimate partner violence (IPV) and power imbalances (PI) and to determine the unique interests they bring to the mediation.

3. After individual meetings, the process continues with one or more joint meetings either in person or online. If it is not possible to meet in the same space, the mediator will offer a shuttle mediation in which participants attend the same meeting but in different rooms.

4. Finally, agreements such as a Memorandum of Understanding or a Parenting Plan are drafted and reviewed by the participants and their legal counsel.  

Meet the Team

Bridge the Gap Through Professional Training

Are you a family, legal or financial professional who wants to leverage your training to support collaborative family practice? Join our online Intimate Partner Violence (IPV) and Power Imbalance Screening and Collaborative Practice trainings. Recognized by the Ontario Association of Collaborative Professionals (OACP) and the Law Society of Ontario (LSO), these trainings provide professional hours.  

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FAQs About Mediation

Who pays for mediation?

Most people agree to share the costs of mediation. However, the participants may agree that one person covers the costs or that costs are determined proportionate to income.  Participants sign a financial contract prior to beginning mediation to ensure that both of you have agreement about how costs will be covered.

Are mediation agreements legally binding?

Yes, any agreements that are signed, dated and witnessed are legally binding.  However, we do not sign agreements together during the mediation process because we want you to have independent legal advice prior to signing. We provide you with a draft agreement and request that you review it with your lawyer before signing.

Can mediation be used in court?

Any agreements drafted in mediation can be taken to court and could be turned into a court order. However, if you have engaged in a closed mediation, the mediator does not provide notes or act as a witness in court. 

How is mediation different from arbitration?

Mediation allows you to negotiate an agreement which means that the decisions are worked out between the participants.  During arbitration, you agree to allow the arbitrator to make legally binding decisions on your behalf. Arbitration is like hiring a private judge who considers the details carefully and makes a decision. In contrast, a mediator is a neutral professional who helps to develop an agreement that is worked out by the participants. 

When is mediation not appropriate?

There are times when mediation may not be the best way for couples to resolve their disputes. For example, when it is clear that the participants are not willing to consider the interests of the other participant or reach agreements outside of their original position, then a different option is recommended. 

What happens if mediation does not work?

We will draft an agreement about any items you have resolved. You would then be encouraged to take any unresolved items to a mediator/arbitrator so that a binding decision can be made on your behalf.  Alternatively, some people go to court to have a judge make a final order regarding issues where there is no agreement.