In Canadian law, ADR, which is short for Alternative Dispute Resolution, is a collection of methods that can be used to resolve disputes outside a civil courtroom. Civil litigation can be expensive and drawn out, not to mention acrimonious and emotional for all the parties involved. It is often in everyone’s best interests to come to a private agreement all stakeholders can live with or have a private judge decide when the parties are unable to settle.
Of course, if that were easy, it could be done in someone’s living room. Out-of-court settlements are faster, but they require skilled intermediaries and trust in the impartiality of the process. Disagreeing parties have to believe that the court alternative they have agreed upon will operate fairly and without bias.
ADR methods have gained increasing popularity throughout the world. With a rising caseload in traditional courts leading to a heavy backlog in many jurisdictions, outsourcing the justice process has gone from convenience to necessity. Alternative dispute resolution is also especially suited to cases where:
- There are more than two parties in dispute
- A speedy resolution is crucial
- The parties will have to work closely together in the future and have an interest in minimizing future conflict or acrimonious fallout
- Issues in the dispute are technical beyond the normal type handled by courts
- There is a large volume of evidence to be considered
- Confidentiality is an important to one or more parties in the conflict.
Types of Alternative Dispute Resolution
Two main types of ADR are mediation and arbitration.
Arbitration takes place when two or more parties entering into a contract agree to a binding alternative dispute resolution process in the event that they should run into conflicts. This arbitration agreement saves both parties time, effort, anguish, and expense of court. Murray Miskin has taught courses in arbitration for 30 years. His course will qualify students to be an arbitrator in a wide range of legal disputes. It also helps lawyers, paralegals, expert witnesses, and others become familiar and comfortable with the arbitration process. To register for an arbitration course, contact Angela at our office today or visit our website.
In mediation, a mediator works with all parties to negotiate a settlement that leaves everyone as satisfied as possible. The mediator is not a judge; he or she does not decide who is right, the mediator does not have the power to make legally binding decisions. Instead, he or she is there to help everyone find a middle ground and leave the table without resorting to litigation. Sometimes, parties will attempt to reach a settlement with the help of a mediator, and if no settlement can be reached, they will resort to legally binding arbitration. Murray Miskin is both an experienced mediator and an experienced representative of parties to mediation.
Miskin Law Can Help You
Murray Miskin regularly provides arbitration and mediation services in insurance, personal injury, condominiums, construction, employment disputes, and many other civil matters. He has both general commercial mediation experience and specialized knowledge in the fields where mediation is most often considered as an option or is mandatory.
Murray Miskin offers hourly, half-day, and daily rates for mediation services. He does not charge for travel in the Greater Toronto area, nor in the Cobourg, Belleville, Kingston, and Ottawa areas.
For more information on ADR, contact us.