Mediation
Arbitration
Med-Arb
Workplace Conflict Resolution
Harassment and Workplace Investigations
Facilitation
Mediation
Mediation is an alternative to the adversarial form of dispute resolution used for centuries to settle disputes. Mediation is not a trial, arbitration or adjudication, in which a court, person or board formally determines the rights and obligations of parties and imposes a decision on them. Mediators are neutral third parties who facilitate settlement discussions in an informal setting, to help seek constructive and mutually acceptable solutions to conflicts.
The Ontario Mandatory Mediation Program, started in 1999, is governed by Rule 24.1 of the Rules of Civil Procedure. Rule 24.1 requires cases in some Ontario jurisdictions to be mediated after the exchange of legal pleadings. These are known as "court-connected" or "mandatory" or "Rule 24" mediations.
Finding a Mediator – The Choice Can Be Yours
For private mediations (not court-connected) you should select the mediator whose credentials and experience best match the issues that need resolution. For court-connected mediations, the parties' lawyers have the opportunity to choose a mediator within 30 days after the first Defence is filed. If the lawyers fail to do so, a mediator will be assigned from the Ontario Attorney General’s Roster of Mediators, without any input from the lawyers or the parties as to the selection of mediator.
Steven C. Gaon, principal of ADR Ottawa regularly handles private mediations, as well as mediations under the Ontario Mandatory Mediation Program. Since 2001, he has handled literally hundreds of court-connected mediations. In 2008, Mr. Gaon was accredited as a Chartered Mediator by the ADR Institute of Canada. Those who wish to select Mr. Gaon as their mediator in court-connected cases, should do so not later than 30 days after the first Defence is filed (e.g., Notice of Intent to Defend or Statement of Defence) using a Form 24.1A.
You can easily arrange mediations or arbitrations with ADR Ottawa by using our convenient online calendar or you may contact us to inquire about availability.
The ADR Ottawa Mediation Process
Mediations are conducted “without prejudice” in a confidential manner that encourages parties to communicate with each other in a spirit of openness and candour. ADR Ottawa provides a mediation agreement, which reflect these principles for all mediations, whether they are court-connected or non-litigation matters.
Mandatory Mediations are not required to exceed three hours but the parties may continue beyond that time. After the basic three-hour period, ADR Ottawa’s fees are based on an hourly rate. In non-mandatory mediations, the parties may determine the number of sessions they will need and their duration.
Mediations may be held in the offices of the lawyers for the parties, at the local courthouse using designated rooms, at a court reporter’s offices or other off-site facilities. Kindly contact us to discuss issues related to the location of the mediation.
Settlements are created, approved or declined by the parties and their lawyers. If a settlement cannot be reached, Steven C. Gaon will help narrow the issues, so the next time the parties discuss settlement, a resolution is more likely. In other words, the end of a mediation session is not necessarily the end of the settlement process. If an agreement is reached, ADR Ottawa has a draft settlement agreement that may be used to document the terms of the settlement.
Arbitration return to top
Arbitration is a process in which disputing parties present their cases, with or without the assistance of legal counsel, to an impartial third-party arbitrator who renders a binding or non-binding decision or “award” (depending on the terms of reference).
The process is generally governed by provincial legislation. Arbitration is an alternative to a trial in a court of law. The process is similar in the sense that it is an adjudicative process but different in that it is much less formal. An arbitrator's decision in a binding arbitration is subject only to limited rights of appeal.
ADR Ottawa – the Arbitration Specialists
Steven C. Gaon has extensive adjudicative experience. He is a skilled arbitrator and he has served as the chair of an administrative tribunal in which he adjudicated hundreds of cases and wrote the corresponding binding decisions.
Med-Arb return to top
Med-Arb is a process in which a neutral third party acts as a mediator and as an arbitrator. Mediation is attempted first; then the parties submit the remaining unresolved issues for arbitration. The process is described as a “hybrid“ because it combines two forms of alternative dispute resolution in the same setting. In this process, Steven C. Gaon fulfills a dual role, assisting parties to resolve what they can, then rendering a binding decision on what the parties are unable to resolve.
Workplace Conflict Resolution return to top
Examinations of the workplace are conducted to determine whether there is a poisoned or problematic work environment, why such problems exist, and what recommendations can be made to help resolve them.
Harassment and Workplace Investigations return to top
Harassment and other workplace investigations are generally conducted pursuant to institutional harassment and discrimination policies, as well as other applicable policies. Allegations of harassment may involve inappropriate words or conduct - or sexual harassment - or abuse of authority. The investigation process involves interviewing witnesses, examining and weighing relevant evidence and writing reports with detailed analysis and findings.
ADR Ottawa – Investigating and Resolving Conflict in the Workplace
Steven C. Gaon has performed numerous harassment investigations and workplace examinations for a variety of federal government departments and agencies and for large educational institutions. He is a specialist in the theory and application of policies designed to prevent harassment and discrimination, as well as federal and provincial human rights legislation. Additionally, Mr. Gaon has performed a number of investigations involving various forms of alleged employee misconduct, including breach of ethics and other alleged malfeasance. He has investigated employees of every level of seniority, up to the Assistant Deputy Minister level of the federal government, senior military personnel and Governor-in-Council appointees.
Mr. Gaon has performed investigations directly for or on behalf the following government departments and agencies:
• Aboriginal Business Canada
• Canada Border Services Agency
• Canadian Nuclear Safety Commission
• Canadian Space Agency
• DFAIT (Department of Foreign Affairs and International Trade)
• Indian Residential Schools Resolution Canada
• Industry Canada
• Justice Canada
• Parks Canada
• Privy Council Office
• Public Prosecution Service of Canada
• RCMP
• Senate of Canada
• Transport Canada
• Veteran’s Affairs Canada
Mr. Gaon also has an expertise in workplace conflict issues involving large educational institutions, and has performed major investigations for Algonquin College in Ottawa, Ontario, as well as Laurentian University and Lakehead University. Addtionally, he has handled numerous investigations on Canadian military bases on behalf of the Canadian Forces Personnel Support Agency.
Facilitation return to top
Facilitation is distinct from mediation, as the focus is not necessarily on settling defined conflicts. A facilitator coordinates and facilitates group activities, narrowing and defining issues and managing any difficulties or tension between parties in order to move toward a more productive resolution of issues. Steven C. Gaon offers the interpersonal skills and experience necessary to effectively coordinate and manage group dynamics in an intensive group setting, whether the group is large or small.
