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As an LSLAP clinician I have witnessed first hand the toll that a legal issue can take on an individual. Most, if not all of the clients I have dealt with have given detailed accounts of the deleterious effects induced by the stress and agony of navigating the legal system. Thus, my belief in mediation and other dispute resolution procedures outside of the courts has been strongly reinforced. Recognizing circumstances that lend themselves to successful mediation remain an obstacle to widespread adoption. Therefore, this week’s blog posting will explore what kinds of situations readily lend themselves to mediation and under which circumstances CORE will become involved.
Core’s mandate is to provide low cost mediation services for both the surrounding community, and for the student body here at the University. Several students have come to our office to inquire whether it is a conflict of interest for CORE to mediate between two students attending UBC. Provided we are able to arrange a student mediator who feels comfortable enough to proceed, CORE will move forward with mediation proceedings.
As an overview the following represent popular categories of disputes that CORE handles:
This list is not exhaustive and there may be other circumstances that lend themselves to mediation. For instance, when a relationship is ongoing there will be a strong incentive to agree to conditions that maximize the benefit for both parties. Avoiding a protracted legal battle increases the likelihood that parties can work past their issues without causing irrevocable damage.
Another factor that may affect mediation is the content at the heart of the issue. Disputes centering on tangible or monetary considerations are often much easier to mediate. Issues that encompass personal beliefs or values tend to be very polarizing and can lead to both sides becoming entrenched in a given position.
Additionally, people are often discouraged from mediation when they feel as though there is a strong power imbalance. Though this can present a number of difficulties, mediators are trained to meet these challenges with intervention designed to balance the proceedings.
If you suspect that you have a conflict in your life that could be solved with mediation, we encourage you to drop by our office in Allard Hall on UBC campus! Or email the clinic at coreclinic@hotmail.com.
As an overview the following represent popular categories of disputes that CORE handles:
- Neighbour disputes
- Small business and partnership disputes
- Student housing
- Strata disputes
- Construction
- Small Claims cases
- Employer / Employee
- Landlord / Tenant
- Debt
- Contract
This list is not exhaustive and there may be other circumstances that lend themselves to mediation. For instance, when a relationship is ongoing there will be a strong incentive to agree to conditions that maximize the benefit for both parties. Avoiding a protracted legal battle increases the likelihood that parties can work past their issues without causing irrevocable damage.
Another factor that may affect mediation is the content at the heart of the issue. Disputes centering on tangible or monetary considerations are often much easier to mediate. Issues that encompass personal beliefs or values tend to be very polarizing and can lead to both sides becoming entrenched in a given position.
Additionally, people are often discouraged from mediation when they feel as though there is a strong power imbalance. Though this can present a number of difficulties, mediators are trained to meet these challenges with intervention designed to balance the proceedings.
If you suspect that you have a conflict in your life that could be solved with mediation, we encourage you to drop by our office in Allard Hall on UBC campus! Or email the clinic at coreclinic@hotmail.com.
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