Mediation Services FAQ
An alternative to court that offers fair and reasonable solutions.
Cornwall Island Admin #3
101 Tewesateni Road
Akwesasne, ON K6H0G8
613-575-2250 ext. 1025 or 1026
Why mediation? – It’s helped many people work out disputes as an alternative to Court.
What is Mediation?
Mediation is a form of alternative dispute resolution used to settle issues that arise between individuals. Its goal is to aid individuals in finding a mutually acceptable arrangement or agreement in a non-adversarial setting that resolves the issue without trial or other costly tribunal procedures. Unless mandatory, both parties must consent to the mediation.
Is the Mediator like a judge?
No, the Mediator is not a judge or any other type of decision-maker. The mediator will also not take sides, give out legal advice or assess blame to either individual.
How do I get started?
Since the fee is non-refundable, the applicant must be sure the other party is willing to mediate! The applicant (the person initially requesting mediation services) will call or visit the Court Clerk and explain the situation that needs to be resolved. The clerk will take notes and prepare a letter to the respondent and/or other party, along with a list of available mediators. We will give the other party two weeks to respond, and if agreeable we will arrange a date and time for the hearing.
How long does it take to get an appointment?
Usually it takes one or two weeks to get an appointment, depending on the Mediator’s availability.
What’s the Mediator role during the mediation?
The Mediator will explain the process and the common courtesy rules that apply such as no profanity and not talking over one another. Once this introductory portion is covered, the Mediator:
- First listens as each of you address your issues or concerns; then
- Asks questions to help all parties clarify and understand the issues; while
- Guiding both parties through the process to develop possible options and agreeable solutions; and finally
- Assisting all parties in drawing up the agreement based on the terms that reflect both party’s solutions and ensuring the agreement is satisfactory to all involved.
What happens if I don’t feel comfortable in the same room with the other individual but we both want to mediate?
In instances where the parties cannot get along but are willing to resolve the issue, arrangements can be made through the Akwesasne Court to have separate sessions for each party to meet with the mediator.
What if there is an existing court case involved with this matter? Can I still utilize the mediation services?
Yes, as long as both of you agree to mediate. If there is a hearing date scheduled with an outside Court, then the Court must be notified of the impending Mediation session.
How long does it take?
Each session is unique. It depends entirely on the parties involved although an average session lasts
What happens after a solution is decided on?
Both parties bring all suggestions forward, for discussion. The mediator will work with each party to determine how the suggestion can be worked out in detail and to the satisfaction of both parties. The mediator will ensure that the parties understand the terms of the agreement and prepare a final document for all parties to sign.
What happens if one party breaks it?
The Akwesasne Court will arrange for another session with the mediator to understand why it broke down and see whether or not it can be resolved. In instances where no agreement can be reached, then legal advice is recommended.
Is there a fee for mediation?
There is a small non-refundable $35 fee for Mediation Services.
We’ve been talking about this from the beginning and nothing has worked yet. What makes you think mediation will work?
Mediators are highly trained professionals who specialize in helping people work through their problems. Mediation keeps both of you focused on solutions, and the Mediator will work with you until you get an agreement that both of you can live with.
A list of trained Akwesasne Court mediators is available upon request.