Mediation and Arbitration

We are all faced with conflict from time to time. Fortunately, the resolution of conflict is often a precursor to positive life changes. Early and effective management of issues will generally save time and money, and lessen the investment of emotion and energy in resolving the dispute. Many issues can be resolved through mediation and arbitration, which are efficient and expeditious alternatives to the dispute resolution process mandated by the court system and rules.

Benefits of Mediation:

• Cost-effective and accessible
• Voluntary and facilitative
• Less time consuming and stressful
• Interest based, rather than outcome based
• Protects privacy and confidentiality
• Flexible in process, rather than rigid like the court system
• Preserves and maintains relationships

Mediation

Mediation is a voluntary process. The Mediator assists parties to explore and find mutually agreeable solutions to disagreements and life challenges.

The role of the Mediator is to serve as a neutral facilitator, listen actively, generate clarification, evaluate options, summarize, restate, prioritize issues, find common ground, shared interests, enforce ground rules, and to help facilitate a discussion that hopefully results in a lasting agreement for the parties to move forward.

The role of the Mediator is focused on facilitation of an agreement directly between the parties, as opposed to decision making.

Arbitration

If Mediation is not successful on all issues, Arbitration should be considered as the next stage alternative to the court system. Arbitration can be voluntary, but is also mandatory in some business contracts.

An Arbitrator is contractually empowered with decision making authority which binds the parties. The process is similar to a trial – the parties present their evidence and legal arguments to the Arbitrator who then renders a binding decision. Unlike a trial, in addition to expected significant cost savings, the process is private and confidential, and does not become part pf the public record accessible to the general public.

Serving the Greater Vancouver Region through offices in Vancouver and Langley, our lawyers can also travel to smaller communities in BC and Alberta. Remote and virtual mediations can be conducted using video-conferencing tools and digital e-signature applications.

Trevor Fowler

• Family Law including Asset Division and Children
• Estate Litigation including Disinheritance Claims
• Personal Injury including Motor Vehicle Claims
• Negligence Claims including Medical Malpractice
• Contract Issues including Construction Disputes
• Business Issues including Shareholder Disputes
• General Civil Litigation

Perminder Tung

• Personal Injury including Motor Vehicle Claims
• Estate Litigation including Disinheritance Claims
• Employment, Wrongful Dismissal, and Workplace Claims
• Negligence Claims including Medical Malpractice
• Contract Issues including Construction Disputes
• Business Issues including Shareholder Disputes
• General Civil Litigation