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- What is Mediation?
- Mediation is when an impartial, neutral third party informally helps disputing parties in reaching a mutually acceptable settlement of the issues in dispute. This is accomplished through structuring the negotiation, maintaining the channels of communication, articulating the interests of each party, identifying the issues and, on occasion, making recommendations on disputed issues. The process may involve counsel, but open communication between the parties, as well as between their counsel, is encouraged.
- What happens if a Superintendent of Achievement refers an appeal to mediation?
- A Mediator will listen to both sides of an issue and attempt to build on areas of agreement. By focusing on areas of agreement, the Mediator will help the two sides in the appeal to reach a resolution that each side finds satisfactory. Sometimes the parties can agree on part of the issue under appeal, and the rest of the issue remains unresolved. In such cases, the Mediator will indicate in his/her report to the Superintendent of Achievement that the issues have only been partially resolved. The Superintendent of Achievement may then refer the unresolved issues to adjudication.
- How are mediators chosen?
- The Student Appeals Branch maintains a Roster of Mediators; Mediators are assigned to an appeal from this roster by the Superintendent of Achievement. A Mediator must be a member of the BC Mediator Roster Society, or be able to demonstrate that they have experience and training equivalent to membership requirements.
- What if I feel that mediation is not the right choice for me?
- While the parties are encouraged to work together to resolve the dispute, there are times when this is not possible. If either of the parties no longer wishes to participate in a mediation process, they may request that the Superintendent of Achievement refer the appeal directly to adjudication. The Superintendent of Achievement will consider the request and refer the appeal to adjudication if it is appropriate.
- What does a mediator do?
- Mediators have no statutory decision-making powers. Their role is to assist the parties in dispute to focus on areas of commonality in order to reach a mutually satisfactory resolution. A Mediator may make recommendations, if the parties wish to have direction, but may not make a decision that legally binds a party to a particular course of action.
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