Kompass Blog

Updated January 2023

In recent years, there's been a major shift away from traditional litigation toward alternative dispute resolution (ADR) techniques such as mediation.

Mediation is generally less costly, stressful, and time-consuming than litigation—and offers a much higher degree of flexibility and personalization for clients.

However, in order to be effective, mediation must be a carefully structured, expertly led exercise. Lose control of the process, and negotiations will quickly devolve into chaos.

Formal mediation training teaches aspiring mediators a wide range of techniques they can use to resolve disputes. But even the most successful students and professional mediators occasionally fall into traps.

From losing neutrality to failing to contain and redirect destructive behaviours—these are five of the most common pitfalls you'll face as a mediator.

Updated January 2023

When people want to keep legal disputes out of court and behind closed doors, they often turn to mediation.

There are many reasons mediation has grown in popularity as a form of alternative dispute resolution (ADR). Most notably, it generally costs less than litigation and is far more flexible. Mediation is voluntary, the outcome is not legally binding, and unlike adversarial courtroom battles, mediation focuses on solutions that satisfy everyone involved.

But bringing opposing parties together and helping mistrustful people find common ground is far more challenging than it sounds. Mediators need a complex skillset to ensure the process proves worthwhile and participants leave satisfied with the outcome.

Considering pursuing mediation training, and wondering if you have a natural aptitude for conflict resolution?

Start by assessing your skills in these six key areas. If you're strong across each of these competencies, you have a good chance of becoming a highly effective mediator.

Updated January 2023

It doesn't matter what your professional background is. Whether you're a lawyer, litigator, or work outside the legal field, there is a checklist of steps to walk through before you even consider starting your own mediation practice.

Some of these steps are purely practical, while others require a bit of self-reflection.

Do you have the right training to be taken seriously as a mediator? Are you prepared for the effort needed to strike out on your own as a practice owner? Are you familiar with mediator designations recognized throughout Canada?

Take a few minutes to read through these six key steps so you can get a better understanding of what's involved in starting your own mediation practice.