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Mediation
This process involves a mediator hired by the
parties to facilitate meaningful discussion
between the parties in order to allow them to
craft their own resolution of their dispute.
The mediator does not render a decision. It is
the parties themselves who must establish
the terms of the settlement. It is private.
There is no record of the discussions. The
negotiations can not be referred to in
subsequent legal proceedings if settlement is
not reached which means that everyone can
speak frankly and openly.
Arbitration
Arbitration is similar to a court hearing in
that both parties present evidence to an
arbitrator who renders a written, binding
decision. It is a private process and provides
privacy for the parties. The parties choose
their arbitrator and help craft the procedure
to be followed to streamline the process to
reduce time and costs.
Mediation/ Arbitration
In this process, the parties choose a mediator
who attempts to help them settle their
dispute. If this is unsuccessful, the mediation
is followed very shortly by an arbitration
hearing. Depending on the agreement of the
parties, the mediator can then act as the
arbitrator but it is preferable to have as the
arbitrator someone who has not been
influenced by the mediation process. The
arbitrator is most often named in the Med/
Arb agreement negotiated by the parties.
The benefit of this process is that if the
mediation fails, a hearing will be commenced
very shortly thereafter. Therefore, it acts as an
incentive to each party to negotiate in good
faith to resolve the dispute at mediation.
Private Trials
There are certain cases which have reached
the trial stage in the court process but may
involve evidence or personal information
which the parties would prefer to remain
private. In other cases, a ruling may be time
sensitive. In such circumstances, the parties
can agree to have an arbitrator hear the
issues and render an award in the same way
that it would occur in court. This process
allows the parties to start the hearing on a
fixed date and to continue to completion
which is often not the case in matters before
the courts. The parties agree that the
decision will be final and binding, thus
eliminating the apprehension of continued
time and expense in the event one party
launches an appeal of a court decision.