Arbitration Law

Alternative Dispute Resolution (ADR) typically refers to a method of resolving disputes by means not associated with formal litigation (court), such as mediation, arbitration, facilitation, or conciliation. One common element in all of the ADR procedures is the presence of a person who acts either as the facilitator or decision maker. This facilitator is a neutral person who is capable of providing an unbiased opinion.

In general, ADR allows everyone to have an active part in the decision-making process. Solutions are adopted by consensus, and reflect an understanding of the interests of all parties. As a result, the solutions are tailored to the needs of the participants. ADR encourages creative, innovative solutions, moving away from the traditional win/lose results of adversarial proceedings. ADR resolves disputes while preserving relationships, and thereby helps create a productive working environment.

ADR is useful in a wide range of conflicts, such as commercial disputes, professional liability cases, personal injury matters, insurance problems and family and divorce matters.

What is Arbitration?

Arbitration is where parties state their views, offer evidence at an arbitration hearing, and agree to let an impartial, professionally-trained arbitrator make a decision that will end the dispute. In most cases, once the arbitrator hears the evidence, he or she hands down a binding decision. There is, however, also non-binding arbitration where the disputing parties put their case before an impartial third party who renders an opinion or recommendation, which the parties may choose to accept or not..

What is Conciliation?

Conciliation is a process in which the parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role.

What is Facilitation?

Facilitation is a process by which a third party helps to coordinate the activities of a group, acts as a process facilitator during meetings, or helps a group prevent or manage tension and move productively toward decisions.

What is Mediation?

In mediation, a professionally trained mediator helps the parties to work out their own mutually agreeable solution to the dispute.

What is Negotiation?

Negotiation is a process in which two or more participants attempt to reach a joint decision on matters of common concern in situations where they are in actual or potential disagreement or conflict.

What is Neutral Assessment?

Neutral assessment is a process by which an experienced neutral gives a non-binding, reasoned, oral or written evaluation of a controversy, on its merits, to the parties. The neutral assessor may use mediation techniques to aid the parties in reaching a settlement and shall prepare a binding settlement agreement, if the parties consent.