Fernando is recognized as a Qualified Mediator (Q Med) by the Alternative Dispute Resolution Institute of Ontario (ADRIO) of which he is also a member.  Fernando is also a member of the Workplace Fairness Institute (WFI) and holds the designation of Workplace Fairness Analyst.

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Mediation is a type of alternative dispute resolution (ADR), an alternative to adversarial litigation.  In many cases, Mediation is not only an alternative approach to dispute resolution but it is the appropriate dispute resolution mechanism. 

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Mediation is:

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• Voluntary:  the parties decide whether to participate

• Private:  the process does not involve outsiders

• Confidential:  all discussions are off the record and cannot be relied upon in litigation

• A facilitated negotiation:  the Mediator acts as a facilitator of a negotiation

• Empowering:  the parties control the outcome (Self-Determination)

• Neutral:  the Mediator has no say in the matter

• Impartial:  the Mediator does not take sides

• Collaborative:  the parties work together to resolve the dispute

• Inexpensive when compared to litigation

• Faster when compared to litigation

 

Mediation is not:

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• Court/Litigation

• Legal advice

• Therapy

• Counselling

 

Mediation, therefore, is a voluntary, confidential and private approach to conflict resolution that is facilitated by a trained, professional and impartial third party (Mediator).  The Mediator leads a conversation between disputing parties with a view of attaining a mutually acceptable resolution of a dispute.  The Mediator has a duty to ensure party autonomy and mutual respect.

 

Fernando's objective is to conduct a process that is fair, efficient and stable. Fair in the sense that the parties feel that they have been heard and have had an equal opportunity to participate.  Efficient in the sense that time and resources were well-spent in the view of the parties.  Stable in that the parties live up to their negotiated commitments.  Finally, Fernando also believes in the importance of achieving a wise outcome.  This is only possible when the parties use information available to them.  Fernando encourages parties to prepare for mediation by researching and compiling a mediation brief.  In sum, the goal is to achieve results that are fairer, more efficient, more stable and wiser than what can be achieved through litigation.