Arbitration + Mediation
Parties involved in a dispute that cannot be settled by negotiation may wish to attend a mediation session to see if a mediator can assist them in coming to a settlement of the matter. Mediation involves the parties attending in front of a mediator. A mediator is an unbiased third party who will not make a decision for the parties about how to resolve the issue, but helps the parties discuss the matter and perhaps reach a settlement that they would not otherwise be able to reach.
Mediation is especially helpful in cases where the parties acknowledge the high cost of court proceedings. These costs can include not only the amount of money expended in legal fees, but also the expenditure of time and the public nature of many court decisions, which is not necessarily a desirable outcome. Mediation allows the parties to stay in control of the outcome, unlike the decision of a judge or arbitrator, who decides the outcome of the matter. At Alexander Holburn Beaudin + Lang LLP we have lawyers that are also mediators and are able to assist in this role in a wide range of disputes.
At other times, parties involved in a dispute may want the matter decided by an arbitrator. An arbitration involves the parties participating in a proceeding which has some similarities to a court proceeding, but is a more desirable procedure in certain circumstances. An arbitrator is an unbiased third party who makes a binding decision on one or more issues between the parties.
Parties may enter into arbitration because it is required by an agreement, or because it is required by statute, or because the parties involved value a process that is confidential and may be faster and less expensive than court proceedings. It is also possible to choose an arbitrator who has substantive knowledge in the area of law that is involved, which gives parties confidence that the arbitrator will make a decision that is appropriate in the circumstances.
For more information about our Arbitration + Mediation services, please contact Partner, Bruno De Vita*, QC.
*Professional Law Corporation