Alternative Dispute Resolution
Alternative Dispute Resolution (or ADR) is the term used to describe a number of techniques used to settle disputes outside…
Alternative Dispute Resolution
Alternative Dispute Resolution (or ADR) is the term used to describe a number of techniques used to settle disputes outside or in tandem with the Court process. The most common forms of ADR are Arbitration and Mediation. Private arbitration and mediation are cost-saving and often effective alternatives to court-based litigation proceedings.
Arbitration
During the arbitration process, opposing parties present their case to a neutral third party – the arbitrator – to whose decision they have agreed to be bound. The process can be tailor-made for each case and is quicker, less expensive and more private than conventional court processes. The rules of arbitration are set by the parties or agreed to ahead of time in a pre-existing contract that has become the subject of the dispute. In Alberta, any gaps in the process are filled in by the Arbitration Act.
Mediation
Mediation is a process whereby a trained mediator skillfully assists the opposing parties to see new perspectives and examine common interests that empower them to fashion their own creative solutions. The impartial mediator helps the parties reach a voluntary settlement. Because solutions are crafted by the parties themselves they tend to be more enduring. Mediation allows for a level of flexibility not possible through the courts.
Our Services
Prowse Barrette LLP assists clients involved in Alternate Dispute Resolution processes in two ways:
We have lawyers trained as Arbitrators and Mediators available to conduct these processes to a successful conclusion;
We act as legal counsel to parties involved in Arbitration or Mediation.
Resolution of disputes quickly and inexpensively is just good business. Let us help.
