Mediation of commercial disputes can be easy process, or a difficult process, and the reality is it is dependent upon the participants willingness to come together and resolve the matter. LessCourt has access to professionals ranging from commercial lawyers and accountants to real estate appraisers and business valuators.

LessCourt is able to provide context in disputes, so everyone involved truly understands what the dispute involves. The reality is, often those involved in disputes are myopic in their thinking and only see one side of the dispute. This myopic, one sided thinking, makes it difficult for individuals to resolve matters on their own. By only seeing one side of the story, individuals tend to make rash decisions and take stances that do not enable them to make the proper compromises that will enable them to resolve the matter and move on with their lives.

When it comes to mediation, the less Ego, the more We-go.

In the context of complex commercial disputes, mediation has the ability to help clients resolve matters quickly, & for minimal cost. Furthermore, mediation and collaboration have the ability to resolve matters in a way that provides individuals the opportunity to work together in the future.

It is important to keep in mind that mediation is only possible when both parties are looking to resolve matters without going to court. If one party is unwilling to be reasonable, mediation is unlikely to be able to resolve the matter. If both parties are willing to sit down, and see each other as human beings, often mediation can save money and relationships.

If you are interested in collaborative mediation, first we recommend you talk to whomever you have a dispute with and ask them if they are open to mediation. Both parties need to recognise that they are unable to resolve the difference alone, and that they require help from experts in order to truly understand and resolve the issue that is plaguing their life.

Secondly, look at our participation agreement and our rules for online sessions. Provide both documents to whoever your disagreement may concern. If they are willing to agree to the terms of mediation, mediation may be able to remedy and resolve the matter.

Third, give us a call at 306-374-2345 in order for us to answer any other questions you may have and to provide you a brief on what the process will look like in your specific case. This will also provide us the opportunity to qualify you and whomever your disagreement may concern the ability to qualify you for our services.

Fourth, have both parties sign the participation agreement, scan it and send it to administration@lesscourt.ca. Once we have received your participation agreement, we will begin setting up a time in order to conduct the mediation.

Note: Prior to the start of the face to face (or via skype) mediation, we may consult with experts in order to get a better understanding of what is involved in/the nature of the disagreement. This means we may ask you for specific documentation in order to provide you (and whomever the dispute is with) with a more comprehensive understanding of exactly what the resolution of the dispute entails. There are times where there is a small misunderstanding that is causing all of the frustration and confusion. By providing greater context and understanding for both parties, often disputes can be resolved quickly, and in a cost-effective manner.

Less court CMS is located in the Professional Building on Québec Avenue. Professional Building is located at 1630 Québec Avenue.
Québec Avenue is in the north Saskatoon business district. It is convenient to access from Circle Drive, Warman Road, Idyllwild Drive.
There is convenient free parking.
A professional building and all rooms are wheelchair accessible. The meeting rooms have natural light.

The initial retainer for our dispute resolution services is to be determined at the initial meeting between participants and the facilitator. This is a retainer. Sometimes disputes require more resources to resolve, and the cost of the service can increase. Conversely, sometimes disputes can be resolved before the retainer is completely used, in these cases the unused portion of the retainer is returned to the participants.

The cost of mediation services is dependent upon the experience level of the facilitator, and upon the experts that are required to provide context on the matter.

Your benefits program may cover the cost of mediation services. This means mediation may cost you nothing out of pocket as your employer or benefits program may already cover the expense.

The facillitator’s role is to sit down with both participants in a dispute and help both participants understand exactly what the dispute is really about. The facilliatator doesn’t add new information, the facilliatator merely helps both parties understand with clarity the information and perspectives of both participants. The facilitators job is to help both parties come to a conclusion that is the least mutually harming/most mutually beneficial. That means that both parties need to be willing to settle differences and resolve their differences.
The facilitator’s approach to providing the collaborative and mediation services avoids:
• sharing insights, the facilitator keeps it simple and objective;
• the past, the facilitator will emphasize the future;
• negative feedback, the facilitator will emphasize positive feedback;
• judging, the facilitator will focus on proposals not personalities.
The facilitator will focus on the relationship with the participant not the outcome.
The facilitator will focus on developing an understanding with the participants. This is important. Participants are often upset and frustrated. The facilitator will pay attention to behavior. Misbehavior will respectfully not be tolerated. The facilitator is in control of the process. The facilitator looks forward to solving what is upsetting or frustrating a participant.
The process structure implemented by facilitator involves questions such as “who does what, when and where?”
Choices, options, proposals, what is okay, what is needed to move forward, what is understood, what requires clarification, are often the focus of the facilitator throughout the mediation.
Proposals are building blocks for solutions. The facilitator is inclined to engage in generating potential solutions rather than problems. The facilitators is inclined to facilitate the participants understanding of proposals though asking questions, requiring clarification, and seeking information. Facilitators may check to see that participants gain access to information and understand information with an understanding that the participants may not have. The facilitator is inclined to be brief, informative, friendly, but firm. There are consequences that need to be understood: what is the cost? What is the law? What is the benefit? How will it be implemented?
Participants will be engaged in developing an agenda; what decisions does the participant need to make? What is the order of the decisions? Who goes first?
On each item under the agenda information is shared, questions are asked for clarification and proposals are made, discussed and once the decision is made that is accepted, an agreement will be entered into and implemented.
Responses to a proposal include yes, no or I’ll think about it.

The role of collabortative independent professionals is to bring their expertise to bear in understanding the different nuances to the dispute. For exampe, in a commercial dispute regarding land with a building etc. the collaborative independent professional (in this case a valuator or an account specialized in valuating the land with a building) may be brought in in order to get an accurate accessment of the value of the land and building.

To ensure that collaborative mediation services are appropriate for the participants, the participants first go through a screening process.
The screening process includes a determination of the willingness and ability of participants to the process. Not all participants are willing or able to participate in the process. Language may be a barrier, so an interpreter is engaged, or lack of communication or articulation skills then a personal coach is engaged. Participants who have an intellectual, emotional, physical impairment may not be able to participate even with a coach. Even if other professionals are engaged to benefit the process, CMS may not be appropriate. If a participant does not accept a facilitators role and authority in the process, then the process will not work. Participants with unlimited resources of time and money may not be willing to participate.to the degree necessary for the process to be productive. Thus, a court process with security, court-imposed controls may be required.
Therefore, the facilitator will first meet proposed participants individually in order to determine whether CMS is appropriate

The goals are simple:
• agreement to negotiate rather than go through court.
• agreement to reach a fair settlement.
• any agreement that results is binding.

Participants have an obligation to provide relevant information.
The participants have an obligation to keep information confidential.
If a child consultant is engaged as a professional the facilitator will not provide a written report.
Financial commitment is necessary, so payment is discussed, and payment is made up front. Participants are financially responsible for their own legal advisor.
The facilitator and collaborative professionals that are retained will be disqualified as witnesses in any court proceedings and the reports will be inadmissible unless the participants agree otherwise.
Legal advisors and anyone associated with them in the collaborative mediation process are disqualified from acting in any subsequent court proceeding.
All participants to the agreement and the facilitator will sign a copy of the agreement and the counterparts together shall constitute one and the same agreement.

There is no guarantee that the process will be successful to resolve matters between the participants. Collaborative mediation may be terminated without a written contract. Participants may withdraw from the process.
However, participants shall not proceed with the court hearing unless 30 days has passed since the written notice of withdrawal or termination.

When dealing with a high conflict personality, unless the high conflict personality is willing to cooperate in the mediation process there is a high probability that mediation will not work. Mediation is for those who are willing to participate fully and honestly in the mediation process.

High conflict personality is not a diagnosis it is a pattern of conflict behavior. Participants are preoccupied with blaming others. Participants think all or nothing. Participants find it difficult to manage their emotions. Participants exhibit extreme behavior that 90% of the population would not exhibit. Some sources suggest that 10% of people have this pattern of behavior.
Facilitators connect with participants without judgment to help participants resolve matters that involve a sense of certainty. Not all persons with high conflict personalities accept the process, however the facilitator is inclined to implement a process that may assist participants who exhibit high conflict personality behavior.

Participants must be able to negotiate safely, voluntarily and competently in order to reach an agreement.

In cases involving intimate partner violence, mediation may not be appropriate. Intimate violence is defined as broadly including: physical violence, sexual assault, kidnapping or confining, threats, destruction or theft of property, violence against pets, stocking, harassment or psychological verbal abuse including sarcastic, degrading, humiliating and name-calling, controlling and manipulative behavior including withholding of economic and other resources or penalizing the other participant for asserting independence or autonomy.

A history of intimate partner violence between participants may jeopardize the participants ability to negotiate without fear or duress. Mediation may not be appropriate. However, some experienced facilitators may be inclined to proceed with adjustments and accommodations for the safety of participants and significant others such as the children.

In order to ensure that mediation can occur, objective screening of participants prior to or throughout the mediation sessions is a must.

This screening involves making sure: Participants have the capacity to mediate and make decisions without fear or coercion. Participants and significant others are safe. Participants readiness and understanding of the dynamics of power between each other.

Through this process, the facilitator may determine mediation is not appropriate; mediation with additional safeguards in place is required; or the participants should seek alternate resources and processes.

It is appropriate that participants have the ability to express their point of view without fear of reprisal from the other participants. Appropriate safeguards including resource people and accommodations may be required.

Other issues related to substance abuse, mental illness, emotional problems, physical disabilities require special accommodations. A facilitator assessment may include: Do the participants understand the process and genuinely desire to proceed? Are there levels of control of power to ensure the parties participate fully and fairly in the process? Do the parties express their wishes freely, without fear of reprisal and make decisions autonomously?

If a participant desires to proceed in spite of the concerns raised by the facilitator, the facilitator will still determine whether safeguards need to be put in place and whether the process can proceed.

Additional safeguards include: a lawyer, advocate or support person present or available; arrivals and departures of participants are staggered or in separate areas; ground – rules regarding interactions are established and upheld throughout the process; the facilitator will constantly monitor the participants willingness to proceed and the safety of each of the participants; Safe termination of mediation is a consideration. The facilitator may suggest alternate arrangements and referrals to maintain confidentiality.

Mediation may not be appropriate for all participants. It may be appropriate for some issues but not all issues. It may be appropriate in some sessions but not all sessions. Mediation may be terminated.

Participants are not all equal in their ability to participate in mediation. Some participants are more articulate, have more information, are more emotional, have prior history, are defensive, are nonconfrontational, lack self-confidence or for any number of reasons are not able to participate equally with other participants in mediation.

The facilitator is a neutral party when it comes to the decisions being made by the participants and does not take sides, however the facilitator is trained to recognize and facilitate a fair and complete mediation of matters between the participants.

The facilitator controls the process. To ensure that the participants participation is fair some accommodations may be implemented by the facilitator, such as: only one participant speaks at a time; participants are respectful; participants are completely truthful (a half truth is deceiving). The facilitator does not tell the participants if or what accommodations are being provided as this would leave a self-conscious vulnerable participant feel more vulnerable.

The facilitator is a neutral party but is not indifferent to the participants particular need for accommodation. This does not mean that the facilitator favors a particular participant.

A facilitator attempts to maintain balance through management of the procedure:
• To establish and implement guidelines for the way participants communicate.
• To facilitate exchange of information, knowledge or expertise.
• To facilitate a stable, non-threatening, conciliatory process.

A facilitator may implement interventions, accommodations and procedures. These include: meeting with the participants apart, caucussing, having separate sessions, electronic communication, ensuring participants equal opportunity to think, access information and express themselves, slowing the pace of sessions, assigning tasks, generating options, collaborating, co-facilitating, consulting with independent experts, bringing in coaches, advocates or lawyers for the participants benefit.

Balance in the process is a serious matter. Accommodations will vary and are subject to change during the sessions.

The facilitator is a neutral party and will not take sides on any issues except issues of respectful, efficient, effective due process.