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Mediation and Arbitration Specialists

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We provide ADR services.

ADR stands for alternative dispute resolution.

It is a new way of thinking when it comes to the methods we are accustomed to using to resolve our disputes. Putting aside methods which the vast majority of us do not use, the traditional method involves going to court. We take the decision-making process out of our own hands, entrust it to others and hope that it comes out the way we want and expect. There are alternatives which many are now exploring such as mediation and arbitration and other methods of dispute resolution.

Mediation is an alternative. It is available to resolve disputes in such diverse areas as family relationships, accidents, banking, finance and commerce, consumer contracts, insurance, leases, real estate, marine, and transportation. Mediation is recommended by Judges and Lawyers as an alternative to litigation. In many cases, through mediation, the parties reach agreement, thus saving themselves emotional and financial costs.

Mediation is a first step and a singular way of reaching a mutually acceptable settlement. If agreement cannot be achieved, the parties still can take other action such as arbitration or other legal proceedings.

Mediation is faster given that the process can begin immediately whereas disputes settled in court often take years. Mediation is private and confidential in that you do not have to reveal your personal concerns unlike proceedings in an open court of law where the public is invited to attend and witness the proceedings. Mediation costs less than traditional litigation. If both parties want to reach a settlement through mediation, the skill of the mediator can help them reach a solution in a short time. Mediation can create good will in that a mutually acceptable solution to a dispute lets both parties be winners and respect each other.

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses and waste of time." (Abraham Lincoln)

Arbitration is a process whereby parties in dispute refer their disagreement to a mutually acceptable, knowledgeable, independent third party - an arbitrator - agreeing in advance to be bound by the arbitrator's decision.

Some disputes, by their very nature, can only be settled by litigation. The majority, however, can be settled by arbitration, with significant benefits to the parties involved and to society at large.

The advantages can include the following:

* Arbitration is faster in that disputes settled in court can often take many months or years. With arbitration, these same disputes can be settled in weeks.
* Arbitration is more expert in that disputes taken to court are settled by judges who, while unquestionably expert in law, may or may not have particular expertise in your field.
* Arbitration is private in that Courts are public forums and information about your business and personal affairs becomes public knowledge - available to competitors and others you might not wish to have such information. Arbitration proceedings, however, are almost always conducted in private - and only made public with the consent of both parties in dispute.
* Arbitration costs less. Oftentimes, it is significantly less costly than litigation. It can make a difference of many thousands of dollars to the parties in dispute. The savings to the Canadian taxpayers could be very considerable if our overcrowded courts were more often relieved of the numerous disputes that can be settled more efficiently through arbitration.
* Arbitration can maintain goodwill. Arbitration, by its very nature, is less likely than litigation to result in ill will between the parties involved. It increases the chances of reaching an agreement that will satisfy both parties and allow them to work together in the future.
Source: ADR Institute of Canada Inc.

ADR is about Choice and Participation in the process.

Participants play an active role in directing the process. Unlike the adversarial methods used in a Court of Law, ADR processes are based on the sharing and collaboration of the parties to find a mutually satisfying outcome. Parties are encouraged to speak freely and to talk not only about the "facts" but also the underlying emotions and conditions that have contributed to the dispute. The process is usually conducted by a Neutral that is not there to be a judge or decision maker, but as someone who can assist the parties in coming to a resolution and settlement of the dispute.

Not all ADR processes end in settlement. The objectives in bringing the parties together in a non-adversarial process can often lead to a focus of the real issues and shorten a litigation process, or create a greater willingness to be realistic about outcomes. The information that is shared in the mediation process is confidential. ADR is a positive step in giving participants a voice in the resolution of disputes.

* You participate in choosing your neutral.
* You have the opportunity to preserve valuable relationships.
* You preserve your right to privacy and confidentiality.
* You retain the flexibility to walk away from the process and pursue your rights in court.
* Alternative dispute resolution is endorsed by the courts and by the Law Society of Upper Canada.

"There is a time and a place for everything" - even for going to court.


Ask yourself a few questions:

* Are you involved in a dispute that might require legal action?
* Has someone recently threatened to take you to court?
* Are you currently involved in a law suit?
* How much time and energy is this really costing you?
* Could your time, energy and financial resources be better spent?
* Is the legal action going to affect important relationships?
* Are you generally frustrated and overwhelmed by it all?
* Are you any closer to a resolution or settlement?
* Are you aware that there are other possibilities for resolving disputes?

If you have a lawyer, ask what other alternative dispute resolution methods are available to address your concerns, interests, needs and most importantly, help resolve your dispute. Otherwise ask us what services we can provide you.