No contracts can be written with enough detail and sub-paragraphs to eliminate all differences of interpretation. Sometimes the terms of a business agreement are not recorded and 6 months or 6 years later, the two parties have different memories of what was agreed upon. Conflicts between business partners or between two or more parties engaged in doing business can result. Often it seems that the only recourse is to file a lawsuit when such disputes cannot be resolved by the parties themselves. Mediation creates the opportunity to try to resolve those disputes at less cost that going to court.
The simple act of being served with papers can quickly escalate a conflict. Therefore, if parties attempt to use mediation first, the atmosphere may well be more conducive to resolution and settlement.
These mediation sessions can be conducted with or without your lawyers present.
Should the dispute not be resolved and you decide to proceed with a lawsuit, you can apply to be exempted from the mandatory mediation that is part of the Queen’s Bench process. If your mediation has been conducted by Grasslands Mediation, the chances are very high, unless there are specific reasons why the Dispute Resolution Office believes that another mediation session could be helpful, that the exemption will be allowed.