Paul J. Lo Presti B.A., J.D., LL.B.
What is a Mediation
A mediation, simply, is a facilitated negotiation in which a neutral third party assists others to negotiate a solution to a problem that makes more sense rather than have them continue with their dispute. Paul effectively and economically facilitates the parties’ search for a common ground and finds creative, yet realistic means to resolve their controversy by focusing on their underlying interests, goals and needs, rather than on the perceived outcome of the litigation.
Input – the parties to a mediation have an opportunity to have a say into the final results, rather than have a judge do it for them. Durability – because a solution is one to which all of the parties must agree, the decision is more likely to be lasting, rather than a decision which has been imposed upon them. Less intimidation – litigation and going to court can be intimidating for the participants who can be overwhelmed by the court, judge and the process itself. A mediation is usually less formal then court or even an arbitration, thereby promoting the opportunity to freely communicate. Cost effective – mediation can save time and money for the litigants. Even though a vast majority of cases will settle before going to trial, those settlements are often achieved on the court house steps, with significant funds spent on legal fees in the process. Risk free – there is no risk to the parties who participate in a mediation. While any or all parties are free to walk away from the process, they might also find an option that satisfies their interests rather than going to court or, at the very least, provide the parties with an opportunity to refine the issues and to clarify their interests so as to possibly resolve those issues at a later date (and prior to having a judge do it for them). Creativity – a mediation allows a party or parties to develop creative solutions and options to solve their respective issues. Confidential – a mediation remains confidential, permitting the parties to negotiate in private and in a structured manner without the risk of them having to “air their dirty laundry”.
For a half day, 2 party mediation, Paul charges a fee of $2,000 (10:00 a.m. to 1:00 p.m. or 2:00 p.m. to 5:00 p.m.), and for a full day 2 party mediation $3,350 inclusive of preparation but exclusive of disbursements and HST. An additional fee of $350.00 is charged for each additional party, together with costs associated with additional rental facilities. In the event that the mediation exceeds the end of business (5:00 p.m.), an hourly rate in the amount of $350.00 will apply. The mediation fees encompass services rendered related to the scheduling of the mediation, completion of the application to mediate, reviewing Statements of Issues, conducting the mediation, together with any and all matters and services incidental thereto. Disbursements include the costs associated with renting a facility (in the normal course, one boardroom plus one breakout room unless there are additional parties), travel costs, photocopies, long distance telephone and fax charges, together with the applicable HST.
- More than 30 days prior to the mediation date – no cancelation fees.
- Less than 30 days prior to the mediation date – 50 per cent mediation fees and disbursements incurred.
Scheduling a Mediation
A mediation can be scheduled by the following methods:
- By contacting one of our Clerks at (416) 549-5085;
- By contacting Paul Lo Presti directly at (416) 322-9676; or
- By booking through our online calendar at the following link.