Mediation
Lexpand offers mediation services in the following subject areas:
- Real estate disputes
- Business and Commercial disputes including shareholder disputes, partnership disputes, breach of contract disputes, and commercial leasing disputes
- Residential tenancy disputes including mediating a Cash-For-Keys arrangement
- Complex multi-party disputes
- Construction disputes
- Family disputes
Lexpand provides mediation services both with respect to actions commenced in the Superior Court of Justice as well as for disputes that have not yet been formally commenced as an action.
What Is Mediation?
Mediation is a flexible, nonbinding and confidential form of alternative dispute resolution. In other words, it allows parties to discuss and potentially resolve a dispute outside of the courtroom, thereby reducing both costs and time spent on the dispute. During mediation, a neutral third party helps the parties gain a better understanding of each other’s positions, narrow the issues in dispute, and work towards a negotiated settlement of their dispute. The parties retain control of the decision to settle and on what terms.
Moreover, we are impartial, will not render a written opinion on the case, and if we cannot resolve your dispute, none of the information or documents disclosed during the mediation can be used to hurt your position in future litigation
Is Mediation Always Necessary?
In Toronto, Ottawa and Windsor mediation is mandatory in most civil actions under Rule 24.1 of the Rules of Civil Procedure. Outside of this, mediation is not mandatory and it is up to the parties to a dispute to determine whether it is appropriate. However, mediation may be a more cost and time effective method of resolving disputes generally.
What are the Benefits of Mediation?
Mediation may be the right choice for parties that are concerned about the costs and time involved with traditional litigation through the courts since it is typically less expensive and more time efficient. This is especially true right now due to the significant delays that are currently occurring in the Ontario courts.
In addition, mediation may be the right choice for disputes where the parties have concerns about privacy and confidentiality. Mediation usually allows parties to retain a higher level of control over the dispute and terms of a potential settlement and it is completely confidential. In fact, regardless of the outcome of a mediation session, there will be no public record of what has transpired between the parties during mediation. On the other hand, traditional litigation through the courts means that all documents filed as part of the dispute will become part of the public record.
In addition, even where mediation does not result in a settlement, it may offer the following benefits:
- It gives each party an opportunity to get a preview of an opponent’s case.
- In some cases, it may result in a narrowing of the issues for trial.
- Because mediation gives each party an opportunity to speak and state their position, parties can feel like they have finally had their “day in court”.
- It gives each party an opportunity to test the strengths and weaknesses in their case.
- It may provide a stepping stone for further negotiations.
Why Retain Lexpand?
Lexpand relies on technology that allows us to provide you with unparalleled efficiency and cost savings. As part of the mediation, we are able to prepare Minutes of Settlement and a Release to properly document the resolution of your matter. Even if we are not able to resolve your dispute, we can provide the parties with a list of issues, a list of agreed-upon facts, and a chronology of events that may help you limit the scope of your future litigation and lower your total legal fees.
In addition, our office has a newly renovated conference centre featuring comfortable and modern boardroom and break-out rooms. In addition to offering in-person mediation services, we offer mediation services virtually via Zoom.