ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution (ADR) is an umbrella term for mediation and arbitration.
Mediation is a process whereby a neutral third party, selected by and working with the parties in a conflict, helps them to reach a resolution they are both willing to accept.
Arbitration is similar to litigation in that there is adjudication of a dispute by a neutral third party.
However, unlike litigation, arbitration does not occur in a court of law, but is rather a private method of resolving legal disputes without recourse to the complexity and expense of litigation before the Courts.
As well, unlike mediation, the arbitrator does not work with the parties in dispute to arrive at a resolution, but rather, similar to a judge, the arbitrator imposes a decision that he or she feels is just after hearing from both sides.
There are many benefits of ADR compared to litigation:
It costs significantly less than going to Court: litigation, even if it resolves quickly, can be very expensive, especially if the issues are complex.
Reduce stress: any conflict with others can be stressful, both in terms of being in the midst of it, as well as the amount of struggle and resources it takes to win. As ADR is aimed at reducing conflict and incurs less resources than litigation, most participants find it to be a less stressful way of resolving conflict.
Tell your story: As the process in ADR is more open and fluid than in litigation, parties have a greater opportunity to voice their feelings and concerns.
Preserves existing relationships: Since ADR is less adversarial than litigation, and the desires of both parties are more broadly taken into account, the outcome reached is more likely to suit the needs of those in dispute. This helps to preserve relationships, including commercial relationships, which is important if one or both parties desire the relationship to continue.
Confidentiality: litigation is a matter of public record, since it occurs before the Courts. ADR occurs in private, and as such issues can be dealt with in a wholly confidential manner.
Time savings: when you litigate, you have to take time off of work/from your business to attend court. ADR processes are generally far quicker than litigation, which normally takes at least a couple of years to get to trial or a settlement.
We provide the following services for ADR:
Option 1: Mediation - unrepresented
We act as the mediator in a dispute between you and other unrepresented parties.
Option 2: Arbitration - unrepresented
We act as the arbitrator in a dispute between you and other unrepresented parties.
Option 3: Arbitration - represented
We will act as the arbitrator in a dispute between you and other parties where all parties have their own lawyer.
Option 4: Collaborative Negotiation
We will represent you in a collaborative negotiation, which is where the both parties are represented by their own lawyer and work collaboratively with each other to arrive at a resolution both parties favour.
Our dedication to ADR is such that other lawyers regularly refer their cases to us.
We have successfully handled the entire spectrum of disputes, from international commercial issues all the way to simple child custody agreements.
As well, some of our lawyers have developed their skills under the auspices of educators who have trained with the Harvard Negotiation Team.
Our trial and litigation know-how, help us to understand the parameters of a conflict and to find ways to resolve it in a manner agreeable to all parties.
Our expertise is further complemented by our appeals experience at all levels of court, including the Supreme Court of Canada.
We have multiple locations throughout the area to serve you, and we hope that you will appreciate our competitive rates. We offer free initial consultations, and we are ready to help you choose the best option for your situation.
You will be able to benefit from our:
Make an appointment with us now so that you can receive more information about the law and your options. We service clients throughout the GTA and southern Ontario, so contact us today.
We look forward to fighting for you.