Mediation…A Valuable Service
Even professionals who are committed to high standards of conduct will occasionally have honest business disputes. The Board, recognizing that there is an ongoing need for efficient and economical mechanisms to resolve disputes, provides mediation as an alternative to arbitration.
Mediation can resolve controversy, promote amicable resolutions and reduce the number of cases requiring the more formal and complex arbitration procedures of the Board, thus reducing the time and effort required of members serving on the Professional Standards Committee.
Participation in mediation procedures is entirely voluntary. However, if the parties agree to a settlement of the dispute, and the settlement has been signed by all of the parties, the matter is deemed resolved and cannot be the subject of a subsequent arbitration hearing.
The Board, upon receipt of a request for arbitration, will offer the parties involved the opportunity to participate in the mediation process. If the parties agree, the matter will be referred to a trained mediator who will arrange a mutually convenient time and location for mediation. Realizing that a controversy already exists between the parties, the mediator will make every effort to encourage a conciliatory atmosphere while ensuring a full exposition of all pertinent facts to effect a solution that will eliminate the need for arbitration.
If the mediation attempt is unsuccessful, or if either of the parties wished to discontinue the mediation process, for any reason, then mediation will be terminated and an arbitration hearing will be scheduled. Any offers of settlement that were not accepted or any suggested resolution proposed by the Mediation Officer that was not accepted will not be introduced as evidence nor considered in any manner should the matter require arbitration.
The mediation service is quicker, easier and more amicable than arbitration and it still resolves a business dispute that is agreeable to both parties.