Yesterday I mentioned alternative dispute resolution (ADR) as means to solve legal problems. Today and tomorrow I’d like to briefly explain how it works.
Typical ADR may involve one or more of the following: mediation, negotiation, arbitration, and collaborative law.
Each of the above-mentioned methods requires special training. My purpose here is to give readers a brief overview of all these methods. If you need further assistance, please feel free to contact my office at 416 433 5531.
One advantage of ADR over litigation is that parties have more control over the process and the final outcome, depending on the method chosen. The participation is generally voluntary, except for court-mandated mediation sessions. Today I’d like to discuss negotiation and mediation.
In negotiation, participation is voluntary. Parties indicate their respective positions on the matter and try to come to a mutually acceptable solution. In negotiation no third-party is involved, but the parties may be represented by agents.
Mediation is similar to negotiation in many aspects, except that a neutral third-party is brought in to facilitate the settlement process. This third party is called the mediator. Although the mediator generally has some control over the process (e.g. when to take a break), he or she cannot impose an outcome on the parties.
In certain jurisdictions, there is “compulsory mediation.” It refers to the mandated mediation under the Rules of Civil Procedure during the litigation process. Under compulsory mediation, parties must attend a mediation session together before the matter may proceed before the court. However, the mediator doesn’t have authority to bind the parties to an agreement.
