A Lawyer

Areas of Mediation

Neighbour Disputes

We have all heard about the 'neighbours from hell' but neighbour disputes are varied and can range from arguments between neighbours about position of hedge boundaries, new fence boundaries, tree roots, extent of land ownership, rights of way, rights of access, and noise disputes to mention just a few. Quite reasonable people can become very agitated if they feel that their property or lifestyle is being impacted by a neighbour.

Our neighbour dispute service is designed to help you settle these arguments prior to any escalation to litigation and Court action. We can also have the Mediator make a site visit if necessary to help resolve these arguments.

Our Mediator will contact you and your neighbours involved in the dispute and produce an independent written evaluation report, where possible including a site visit. If for example, the dispute relates to a boundary, then impartial advice will be given to both parties.

Boundary Disputes

Resolving boundary disputes through mediation has been recommended time and time again by the judiciary due to the advantages of speed of settlement, low cost and high likelihood of success.

Frequently Judges will 'stay' any proceedings until mediation has been attempted, the general view being that boundary disputes are far better settled through mediation.

Boundary disputes between neighbours can be very harmful to those involved and indeed the community as a whole. They tend to build over time and positions often become entrenched making settlement more difficult as time goes on.

The very nature of going to Court tends to develop 'righteous' behaviour which itself breeds 'fixed' positions which results in little likelihood of settlement. This contrasts significantly from alternative dispute resolution settlement procedures such as mediation.

Boundary disputes up to recently have been minimal. Frequently the natural features of our countryside such as hedges, fences, walls and rivers are adopted by neighbours as their accepted general boundary line. However, as the population expands & development extends into the rural areas and as sites are re-developed disputes are becoming more frequent and certainly more contentious due to the increased value of land. It is essential therefore that any party who believes that they have a potential boundary dispute obtains professional advice.

If either of the parties in dispute continues to consider litigation we recommend that very careful thought is given to this action, as the nature of boundary disputes is that they can become very contentious and highly costly in time, cost and relationships.

Our mediation provides a neutral and independent Mediator with expert knowledge of land issues, our duty will be to help facilitate an agreement between the parties. Over 70% of mediations are successful giving you savings in time and cost, whilst significantly reducing the stress involved on your family and business.

Our Mediator will contact you and your neighbours involved in the dispute and if the parties agree, produce an independent written evaluation report including a site visit. If for example, the dispute relates to a boundary, then impartial advice will be given to both parties.

Building & Construction Disputes

If your are in a dispute with a contractor, your landlord or tenant, or builder, you will need the right professional to help you minimise potential stress and contain costs to achieve the appropriate solution.

Our team of professional Mediators have a track record of being able to deliver these outcomes in a range of sectors. Our land & property specialists provide prompt, clear and pragmatic advice to manage your resources economically.

We can provide Mediation services for any property related matter including contracts and construction.

Workplace & Conflict management

Conflict in the workplace can be costly. It results in reduced productivity, low morale, and employee dissatisfaction. Quick, decisive intervention is vital.

In many cases, conflict in the workplace just seems to be a fact of life. The fact that conflict exists, however, is not necessarily a bad thing. As long as it is resolved effectively, through Mediation, it can lead to personal and professional growth.

In many cases, effective conflict resolution can make the difference between positive and negative outcomes.

The good news is that by resolving conflict successfully, you can solve many of the problems that it has brought to the surface, as well as getting benefits that you might not at first expect:

• Increased understanding: The Mediation discussion needed to resolve conflict expands people's awareness of the situation, giving them an insight into how they can achieve their own goals without undermining those of other people.
• Increased group cohesion: When conflict is resolved effectively through Mediation, team members can develop stronger mutual respect and a renewed faith in their ability to work together.
• Improved self-knowledge: Conflict pushes individuals to examine their goals in close detail helping them understand the things that are most important to them, sharpening their focus, and enhancing their effectiveness.

However, if conflict is not handled effectively, the results can be damaging. Conflicting goals can quickly turn into personal dislike. Teamwork breaks down. Talent is wasted as people disengage from their work and it is easy to end up in a vicious downward spiral of negativity. To keep your team or organization working effectively, you need to stop this downward spiral as soon as you can. To do this we suggest using our professionally trained and qualified Mediators.

Mediation is about assuming positive intent and seeing things from all sides, in detail. It's about acknowledging and accepting differences, and exploring alternative solutions that meet everyone's needs and concerns. It is a critical conflict management strategy when the issues are important to everyone, and all sides need to be committed to the solution particularly the workplace.

Family mediation

When couples separate or divorce, and families face breakdown, there are many practical and personal issues to resolve. It is often a very emotional, costly and lengthy process. By the nature of their separation, many couples find it difficult to talk about their concerns.

There are many complex and varied issues to consider and it is usually a very stressful time for the whole family.

Mediation is a productive, cost-effective way for families to resolve difficult problems and to emerge with positive results.

Toronto Mediation Services offer high quality mediation and supporting provision in all communities to help families through the process of family breakdown. Our services specifically assist couples (married or unmarried) who are in or have been through the process of separation or divorce, and the children who are impacted by this. Toronto Mediation Services Mediators help Clients to reach joint decisions about the issues associated with their separation such as children, finance and property. In particular it can help your children maintain their family relationships and make the necessary adjustments to family life.

Mediators are professionals, trained to help parties negotiate solutions on all issues arising from separation for example:

• what will happen to the house;
• what happens to the assets and liabilities;
• where will everyone live;
• how will the individuals separate their finances and assets;
• how will the children cope;
• when will the children spend time with each parent
• how will this affect wider family members?

 

Real Estate, Landlord & Tenant

Most real estate disputes are well suited to mediation, either as an alternative to Court proceedings or Arbitration, or at an earlier stage. Speed, cost effectiveness, the maintenance of business relationships and the ability to look for practical solutions not limited to the narrow subject matter in dispute are all advantages in such areas as Real Estate or Landlord and Tenant.

Building contracts, Rent Reviews, Tenancies, negligent Surveys and Valuations, Restrictive Covenants, Easements and Rights of Way are some examples of issues successfully dealt with by Mediators.

A skilled Mediator is able to deal with a very wide range of disputes, but experience proves that people are more ready to place their confidence in a Mediator if they know that individual has a professional understanding of their problem.

It is important to maximise the prospects of a successful outcome in your case by picking a Mediator with the best balance of mediation skills, personal style and professional expertise.

Our Mediators provide extremely experienced Mediators with a proven record of success in settling all types of dispute.

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