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Mediation : Resolving Disputes Through Mediation
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Mediator:
Role: The role of the mediator is to facilitate discussions
between parties in order to negotiate a resolution to a dispute.
Rights: The mediator has the right to:
- Have a commitment from parties to mediate in good faith, as
demonstrated by the ratification of the Agreement to Mediate.
- Determine the framework for the process of mediation to be conducted,
with agreement from the parties.
- Receive all relevant information and documentation from all
parties in a timely fashion.
Responsibilities: The mediator is responsible for the following:
- Thoroughly explaining the process of mediation at the Canadian
Transportation Agency (Agency) to the parties and confirming that
they are aware of their roles and responsibilities.
- Remain impartial and neutral.
- Keep information confidential.
- Affirm that all parties are able to effectively and equitably
mediate by confirming that a decision maker for each party is
present at the mediation.
Parties:
Role: The role of the parties is to openly and honestly
discuss and negotiate a solution to the dispute.
Rights: The parties have the right to:
- Select mediation as the method of dispute resolution.
- Withdraw from the mediation process at any time.
- An impartial, neutral mediator to facilitate discussions.
- Have all information kept confidential.
- Provide input into the mediation process design and ground rules.
Responsibilities:
- Sign the agreement to mediate and participate in good faith.
- Honestly and openly share relevant information with the mediator
and other parties.
- Generate options.
- Agree to an extension of the statutory deadline, if the case
is formally before the Agency.
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