CLASP-Mediation
With a commitment to promoting fairness
Resolve conflicts amicably and without the cost and time of litigation
mediation@theclasp.org
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) where an impartial third party, known as the mediator, assists disputing parties in negotiating and reaching a mutually satisfactory agreement. Unlike litigation, mediation is a collaborative, voluntary, and confidential process, where the mediator facilitates communication, helps clarify issues, and promotes creative, win-win solutions without imposing decisions on the parties involved.
Mediation is typically faster, more flexible, and cost-effective compared to court proceedings. Studies show that the average mediation session lasts just over one day and can be scheduled within days. A study shows that 75-80% of cases settle on the day of mediation, while an additional 10-15% settle shortly after. The process has a high success rate, with around 86% of all cases reaching a settlement. It empowers parties to craft their own agreements, giving them control over the outcome and making it a preferable alternative to the time-consuming and costly nature of court trials.
Supported
for our clients
Why should you choose Mediation?
Here are several reasons why people should choose mediation to resolve conflicts, both in Canada and globally:
1. Cost-Effective
Mediation is generally much cheaper than litigation. Court battles can be expensive due to lawyer fees, court costs, and lengthy procedures, whereas mediation involves fewer formalities and less expense.
2. Time-Saving
Unlike the lengthy timelines associated with court cases, mediation can be scheduled quickly and resolved in a much shorter time frame. It allows for a more efficient resolution of disputes, especially in complex cases where court dockets are often congested.
3. Confidentiality
Mediation ensures that the dispute and its resolution remain private. In contrast, court proceedings are often part of the public record, making mediation an appealing option for parties looking to protect sensitive information.
4. Control Over the Outcome
In mediation, the parties have control over the outcome. They actively participate in crafting a solution that works for both sides, rather than having a solution imposed by a judge or arbitrator.
5. Preserves Relationships
Mediation is less adversarial than litigation. It encourages open dialogue and collaboration, which can help preserve relationships between parties, whether in family disputes, business conflicts, or community issues. This can be especially important in family law, business partnerships, or long-term contracts.
6. Culturally Sensitive and Adaptable
Mediation can be adapted to fit cultural or regional contexts. In Canada, for example, mediation is often used in Indigenous communities as part of restorative justice processes, which emphasize healing and community involvement. Globally, it can be tailored to fit the needs and traditions of various cultures.
7. High Compliance and Satisfaction Rates
Since parties are involved in crafting the agreement, they are more likely to comply with the final terms. Mediation often leads to greater satisfaction with the process and the outcome compared to adversarial litigation.
8. Creative Solutions
Mediation allows for more flexibility and creativity in resolving disputes. Courts are bound by legal precedents and formalities, but mediation enables parties to come up with innovative, tailor-made solutions that address their specific needs and interests.
9. Legally Binding
In many jurisdictions, including Canada, mediated agreements can be legally binding, giving them the same enforceability as a court judgment, providing legal assurance for both parties.
By choosing mediation, individuals and organizations can resolve disputes in a less stressful, more cooperative environment that promotes understanding and long-term resolutions.
Services offered by CLASP- Mediation
Family Mediation: Helping resolve disputes related to divorce, child custody, parenting plans, and spousal support, ensuring peaceful and cooperative solutions that prioritize family well-being.
Workplace Mediation: Facilitating the resolution of employment conflicts, including discrimination, harassment, grievances, and employee relations issues, helping restore harmony in the workplace.
Commercial Mediation: Handling business disputes such as contractual disagreements, partnership conflicts, corporate governance issues, and intellectual property disputes, offering efficient alternatives to litigation.
Environmental Mediation: Specializing in resolving disputes over environmental impact, land use, climate change policies, and resource management, providing solutions that balance sustainability with legal and community concerns.
With a commitment to promoting fairness, efficiency, and mutual respect, CLASP-Mediation helps clients resolve conflicts amicably and without the cost and time of litigation.
Community Mediation: Assisting in neighborhood disputes, housing disagreements, and local community matters, promoting collaborative solutions for complex social issues.
Labor Mediation: Offering services for labor disputes, including collective bargaining, union negotiations, and employer-employee conflict, ensuring fair and constructive outcomes.
International Mediation: Addressing cross-border disputes in areas like international trade, investment, intellectual property rights, and human rights issues, facilitating diplomatic and efficient resolutions.
Online & Phone Mediation: CLASP-Mediation offers flexible and accessible online or phone mediation for clients unable to attend in person, ensuring a seamless and confidential process. These options are designed to accommodate busy schedules, remote locations, or urgent conflict resolution needs while maintaining the highest standards of service.
About CLASP-Mediation
Located in Toronto, CLASP-Mediation is an emerging mediation firm, offering a broad spectrum of mediation services both in-person and remotely. Serving individuals, businesses, and organizations, the firm focuses on delivering fair and sustainable outcomes through neutral and confidential mediation processes. With the flexibility of in-person meetings and the convenience of online or phone mediation, CLASP-Mediation enables clients to resolve disputes effectively, no matter their location. For further information and/or to book an appointment, email us at mediation@theclasp.org or text/WhatsApp at +1-437-215-091.
OUR PHILOSOPHIES
1. Empowering Parties through Collaborative Solutions
We believe that the best resolutions arise from collaboration, not confrontation. By empowering the parties involved to actively participate in crafting their own agreements, we foster a sense of ownership and satisfaction in the outcomes. This philosophy promotes open dialogue, understanding, and mutual respect, creating lasting solutions that meet the needs of all involved.
2. Confidential, Flexible, and Timely Resolutions
Recognizing that each dispute is unique, we prioritize confidentiality, adaptability, and efficiency in our approach to mediation. Clients deserve a private and safe space to discuss their issues, and we ensure that every session is customized to suit the specific needs of the parties. The goal is to achieve timely resolutions, avoiding the costly delays and formalities often associated with litigation.
3. Fostering Community and Restorative Justice
Mediation should not just resolve immediate conflicts; it should also help restore relationships and strengthen community bonds. We believe in fostering a positive environment where parties can repair trust and move forward in harmony, whether in business, family, or community contexts. This philosophy aligns with the principles of restorative justice, which emphasize healing and reconciliation as critical components of conflict resolution.
OUR TEAM
Dr. Mahatab Uddin
Mahatab Uddin, Ph.D. in Law (Aarhus), LL.M. (Stockholm), MSc (Uppsala), and PGC (ADR) (Guelph-Humber), brings extensive expertise to CLASP-Mediation, specializing in complex disputes related to international environmental law, intellectual property law, technology law, and sustainable development. With a strong focus on issues intersecting climate change, technology transfer, and global development, Dr. Uddin is well-suited to handle a broad range of mediation cases, from commercial to environmental and international disputes.
His in-depth postdoctoral research on renewable energy, artificial intelligence, and climate-smart agriculture provides him with valuable insights into mediating conflicts involving advanced technologies and environmental challenges. Dr. Uddin’s vast experience allows him to contribute to Environmental Mediation, where he effectively resolves disputes over land use, climate policies, and resource management. His academic achievements and published works, including Climate Change Law, Technology Transfer, and Sustainable Development (Routledge, 2021), underline his authority in these areas.
In addition to his academic accomplishments, Dr. Uddin is a highly trained mediator skilled in Workplace, Commercial, Family, Community, and Labor Mediation. He is adept at handling employment conflicts, business disputes, family issues, and neighborhood disagreements, offering impartial solutions that promote cooperation and fairness. His expertise also extends to International Mediation, where he facilitates the resolution of cross-border disputes related to international trade, investment, and intellectual property.
Barrister Zakir Hossain Sarkar
Zakir’s global experience, including presentations at esteemed forums such as the United Nations Human Rights Office and UNESCO, highlights his thought leadership in the legal and mediation community. Fluent in multiple languages, he connects effectively with clients from diverse backgrounds, enhancing his ability to foster constructive dialogue and achieve effective resolutions in Online & Phone Mediation as well as in-person sessions.
Known for his compassionate approach, exceptional active listening skills, and commitment to client satisfaction, Zakir is dedicated to ensuring fair and lasting outcomes for all parties involved. His affiliation with leading legal associations and extensive international legal experience make him a highly effective mediator, adept at navigating complex conflicts with professionalism and integrity.
Barrister Adnan M L Karim
Barrister Adnan is a seasoned legal expert with over 13 years of experience in conflict resolution, specializing in Corporate, Commercial, and Environmental Mediation. His extensive background includes acting as transaction counsel for major energy projects and advising on corporate litigation, arbitration, banking and finance, securities law, public and administrative law, admiralty, and taxation.
Having served as managing counsel of the Dhaka Annex of Temple Court Chambers, London, Barrister Adnan honed his mediation skills in resolving complex Corporate Governance, Commercial Disputes, and Intellectual Property conflicts. His expertise extends to Workplace Mediation for employment conflicts, including discrimination, harassment, and employee relations issues. He has also contributed to key legislative frameworks, including drafting the Admiralty Rules of the Supreme Court of Bangladesh and the Bangladesh Telecom Company Ltd Ordinance, 2008.
With a strong commitment to sustainability, Barrister Adnan is deeply involved in Environmental Mediation and is the Chief Executive of the Environmental Development Foundation, focusing on environmental preservation. His dedication to equitable outcomes is further demonstrated through his published works on securities law, international trade law, and constitutional law.
As a senior mediator at CLASP-Mediation, Barrister Adnan applies his comprehensive legal expertise and commitment to fair resolution to help clients navigate complex disputes in Family, Labor, Community, and International Mediation. Whether through in-person sessions or online mediation, his impartial approach ensures sustainable and efficient solutions tailored to the needs of all parties involved.