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LIFESTYLE NEWS

Former trustee helping people resolve disputes by mediation

Family Mediation Canada hosting awareness day on Wednesday

by Debra Downey
Senior Editor

Former school trustee Heather Swartz (Bullock) has moved on from the rowdy confines of the board table, but she's using skills she acquired as chair of the salary committee to help people solve problems and launch a new career.

Ms. Swartz, who represented Dundas on the former Wentworth County board of education for many years, is now a mediator.

"I was introduced to the process through that (salary committee) involvement and have been taking courses in mediation since 1995," said Ms. Swartz. "The philosophy of mediation is to have the people closest to the problem solve the problem, and develop solutions that are best for them. They are the ones closest to the issues."

Mandatory mediation is part of the court systems in Ottawa, Toronto and Windsor. The parties and their lawyers must do a mandatory three-hour mediation in civil suits, like wrongful dismissal, motor vehicle accidents and contract disputes.

Ms. Swartz acts a "third party neutral" to facilitate discussion and create an environment so the parties can identify issues and problem solve. She doesn't give advice or recommendations.

Mandatory mediation was developed to avoid costly court time and introduce mediation to resolve issues earlier, reduce court time and stress on the people involved.

"A third person, like a judge, involved in the process doesn't allow people to make their own solutions," said Ms. Swartz "You can do things quicker, the parties have a say in the outcome, and will probably adhere to the agreement because it is not imposed."

In the eight years since Ms. Swartz has been a mediator, people have become more aware of it as an option. Family Mediation Canada, a registered, charitable organization, is holding National Family Mediation Awareness Day on Feb. 5 to further raise awareness about the role of mediation.

Along with her work with the court system, Ms. Swartz works for Agree Dispute Resolution, at 17 King St. W. in Dundas.

Agree focuses on helping clients make better decisions through the use of appropriate conflict management processes.

Heather Swartz, Agree Dispute Resolution

Ms. Swartz does a lot of work with families, mediating issues that revolve around separation, intergenerational issues between a parent and teenager, or elder care. She has also done some estate mediation, where there are a number of different applications.

"In disputes that are more relationship based, and it can be a deeply routed conflict, seeing people come to the next step is rewarding," she said.

In the area of separation, Ms. Swartz, who has a masters in social work, helps parties develop comprehensive parenting plans around the future care of child, including support, spousal support and property division.

"I see couples in the midst of separation, when they are able to start down a road of working collaboratively together as parents. They may have ended their romantic relationship, but they have children together and need to continue the business of parenting children, and need to develop a plan so the children will love and respect both parents."

Ms. Swartz initially meets with each party to explain the process, so people know what they are getting into. Through this meeting, she also hopes to establish a relationship where an individual will feel comfortable

"It may take an hour or an hour and a half to take down basic information, and understand, at this stage, with the dynamics that exist, why the conflict has reached an impasse," she said.

Ms. Swartz said many people are choosing mediation because it is a confidential process. Issues can be resolved in a private, rather than public forum, and that's important in a family business or family relationship.

A resolution may also be reached more swiftly, in terms of court delays, and is less costly for the parties involved.

Ms. Swartz said 85 to 95 per cent of private mediation is successful. In mandatory mediation, the success rate drops to 50 percent, which means half of all civil cases are settled as a result of mediation. The shortest mediation process is likely seven hours and the maximum time is 22 hours.

For more information, call Ms. Swartz at 905-627-5582.