Role of the Representative

Before mediation

  • analyse the issues, and possible outcomes (including the most likely result) if the case is not resolved at mediation and proceeds to a hearing before the FPSLREB;
  • inform the client of the applicable time frames in the formal process;
  • outline the advantages and disadvantages of mediation to enable the client to make a fully informed decision concerning whether to participate in the mediation process;
  • help the client identify his/her interests and needs and to consider the interests and needs of the other party;
  • assist the client in preparing his/her opening statement, including the client’s perspective on the case;
  • encourage the client to think about the other party’s perspective;
  • help the client determine what he/she is looking for to resolve the case, and why this is important to the client;
  • assist the client in identifying possible options that meet his/her needs and interests.

During mediation

  • assist and support the client;
  • ensure that the mediation process is conducted in a manner which respects the interests of the client;
  • help the client to consider the other party’s perspective, and evaluate new information;
  • assist the client in articulating his/her interests and needs and in understanding the needs and interests of the other party;
  • work with the client to explore options and propose solutions that may be acceptable to the other party;
  • help parties agree on solutions which can be implemented;

After the mediation

  • help the client, if necessary, to implement the Terms of Settlement and follow up to ensure that the terms have been satisfied.