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There is no set procedure for mediation but the following is a common pattern:

The mediator meets separately with each party to get the facts of the case and assess their readiness for mediation.
If the parties are ready to proceed the mediator convenes a joint session. The length and number of sessions depends on the nature of the case.
During the sessions the mediator tries to encourage and moderate communication between the parties without imposing answers. A mediator often asks questions, summarizes and restates what the parties have said. At various stages in the process, the mediator may conference privately with each party.

While negotiations tend to focus on the opposing positions of the parties, mediation encourages parties to examine the underlying interests of their positions in the dispute. Moving from positions to interests often allows the parties to craft solutions that meet everyone's needs. If the mediation results in an agreement the mediator records the agreement.

	Does The ElectronicCourthouse® provide legal advice to its customers?
	The ElectronicCourthouse does not provide legal advice to its customers. It provides a dispute resolution service to the parties. It is the responsibility of the parties to speak to a lawyer to ascertain their legal rights and obligations in a dispute. Resolution Professionals do not and can not provide either party with legal advice relating to the dispute at any time. Parties may search our legal data base and our resource base to assist in gathering basic legal information, but this is not legal advice.
	What is a commercial dispute?
	Commercial disputes are disagreements about who owes what to whom. Generally the parties have entered into an oral or written contract and one or both parties are dissatisfied with some aspect of the other's performance. Often the parties benefit from the assistance or decision of a neutral third party to resolve the issue.
	Do you have to be a business to use The ElectronicCourthouse®?
	No. Our customers are employees, unions, professional associations, individuals, sole proprietors, governments, public agencies, businesses and enterprises.
	Does The ElectronicCourthouse® handle class actions?
	Yes. The ElectronicCourthouse's use of the World Wide Web and multi-party tracking systems provides a very effective tool for bringing diverse parties together across distances, time zones and different legal jurisdictions to have the matter determined by an international expert.
	Does The ElectronicCourthouse® handle criminal matters?
	No. Criminal prosecutions are carried out by prosecutors and crown attorneys in the public court system and the parties must comply with those procedures.
	When is Mediation used?
	Mediation can be used in virtually any type of dispute where negotiation is possible. Situations where mediation is commonly used have include: Commercial Transactions (i.e. breach of contract, order fulfillment) Shareholders Disputes (investment strategy) International Political Disputes (native land claims) Information Technology (i.e. content, domain name disputes) Employment and Labor Relations (i.e. wrongful dismissal)
	Who is involved in Mediation?
	The mediation process involves the parties trying to resolve the dispute, their advisors and a neutral third party mediator. Mediation generally works best where the parties themselves participate in the mediation sessions. Whether or not lawyers participate depends on the nature of the dispute and the preferences of the parties. For some types of mediation, the parties attend the sessions alone and consult their lawyers between sessions and before signing a final agreement, while in others the lawyers attend and play a major role in the discussions.
	What does a Mediator do?
	There is no set procedure for mediation but the following is a common pattern: The mediator meets separately with each party to get the facts of the case and assess their readiness for mediation. If the parties are ready to proceed the mediator convenes a joint session. The length and number of sessions depends on the nature of the case. During the sessions the mediator tries to encourage and moderate communication between the parties without imposing answers. A mediator often asks questions, summarizes and restates what the parties have said. At various stages in the process, the mediator may conference privately with each party. While negotiations tend to focus on the opposing positions of the parties, mediation encourages parties to examine the underlying interests of their positions in the dispute. Moving from positions to interests often allows the parties to craft solutions that meet everyone's needs. If the mediation results in an agreement the mediator records the agreement.
	What are the advantages of Mediation?
	Mediation gives the parties control over settlement of their dispute. Mediation is usually much faster and cheaper than either litigation or arbitration. The involvement of a mediator can lead to a settlement in many cases where negotiations would have broken down Mediation can lead to a more satisfactory process and terms of settlement, with higher rates of compliance and customer satisfaction. Because mediation results in the parties examining their immediate grounds for dispute and the root causes of their conflict, they may find that their current and future relations are much improved.

	When is Arbitration used?
	Arbitration can be used in any situation where the parties are legally capable of entering into an agreement to arbitrate. Many supply, purchase, sale or transaction contracts contain a clause which requires disputes to be decided by arbitration.
	Who is involved in an Arbitration?
	The parties involved in the dispute, their lawyers (if they have them) and the Arbitrator or Panel of Arbitrators. Because arbitration is also consensual, anyone the parties agree upon may serve as an Arbitrator.
	What are the advantages of Arbitration?
	Arbitration provides a quick, effective way to get a final decision on a dispute. Arbitration is more flexible than litigation. The parties can give the Arbitrator the power to decide issues that a court would refuse to decide. They can also agree to limit or expand the powers of the arbitrator. The parties can choose an Arbitrator who understands their business rather than taking the luck of the draw with a judge. In areas where the courts are crowded, and long waits for trials occur, it will be possible to use the The ElectronicCourthouse solution to resolve a dispute in hours, instead of waiting months for a trial date.
	When is Early Neutral Evaluation used?
	Early Neutral Evaluation is useful in cases where the parties can define a clear legal or factual issue such as the value of a piece of property, the interpretation of a contract, or an industry practice, which can be submitted to an expert or neutral for an opinion.
	Who is involved in an Early Neutral Evaluation?
	Neutral Evaluation generally involves the parties, their lawyers and the neutral evaluator. The Evaluator can be anyone the parties accept as an impartial expert in the area to be evaluated. Depending on the case, the evaluator may be a retired or sitting judge, lawyer, architect, engineer, real estate appraiser, accountant or medical doctor.
	What are the advantages of Early Neutral Evaluation?
	Neutral Evaluation effectively resolves disputes that depend on the interpretation of some narrow legal or technical issue. By consent the parties choose or adopt the expert to make the decision. At the same time the parties retain the final say as to the resolution of the dispute.
	Is it a breach of solicitor-client privilege for an attorney or lawyer to submit his or client's submission or supporting documentation to the ElectronicCourthouse® at Step 4(Input) or otherwise as part of the ADR process?
	Lawyers and attorneys must satisfy themselves on the rules governing their profession in the jurisdiction in which they practice. Legal advisors must, of course, have the consent of their client to participate in an ADR process and to exchange documents with the other party. In this respect, the ElectronicCourthouse serves only as a facilitator of that exchange, much like a courier company. All materials are forwarded to us for the purpose of sharing with the other party with the consent of your client and for no other or improper purpose. Materials filed with the ElectronicCourthouse are held in strict confidence.
	What happens to the documents after the proceeding is completed?
	In accordance with our privacy policy and legal and business processes, the ElectronicCourthouse does not store the parties' documents after the matter has been completed. All documents are immediately removed from the secure ResolutionRoom. Either party may order a full record of the submissions and supporting documents in CD-ROM format for a modest additional fee (see our Payment page ). Transcripts of the voice communications ( audio tapes or written transcripts) may also be ordered by either party at a modest cost. The document and oral transcripts allow the parties to have a comprehensive back-up in the event of an appeal or other steps, if they have not committed to final binding arbitration.



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