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– Steve Mcleod
Senior Project Manager
Farrell Coyne Projects

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The merits of mediation

You may know the story of the two people who were in dispute over an orange. They ended up before a judge, who ordered they divide up the orange and receive one half each. Neither person was happy … because on closer examination, the real value to each person in their desire for the orange turned out to be … that one person wanted the juice of the whole orange and the other person wanted the rind of the whole orange.

This much-cited analogy is one way that we explain the value of mediation as an alternative to the more traditional – and expensive, and stressful – course of resolving a dispute through the courts.

Mediation is a method of resolving disputes where the parties themselves solve the problem and the parties themselves agree on the terms of the resolution. The role of the mediator is to facilitate the process and to help the parties work out the real value in their desired outcome.

Mediation is less costly, in both short and long terms

Mediation is a much less expensive and much less acrimonious process than court proceedings, where the relationships between parties can usually be better preserved than in court proceedings. The preservation of relationships is often overlooked as a desired outcome in any dispute, but continuing working relationships are critical in any environment be it a business relationship, a strata community, a neighbourhood or families. Poor relationships cause damage and stress which can be costly and in non-monetary respects, immeasurable.

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