We understand more than others the risks and benefits of proceeding to trial. It is precisely our involvement in litigation that motivates us to focus on other methods of dispute resolution.

The many benefits of resolving conflicts outside the courtroom include that it:

• offers a cost effective alternative;
• is less time consuming and stressful;
• protects privacy and confidentiality;
• is a more flexible process;
• minimizes acrimony and can help maintain relationships; and
• offers the parties control of the process.

Mediation

Mediation is one point in the spectrum of alternate dispute resolution. It is the process whereby a neutral third party (the mediator) assists two or more parties explore and find common-ground solutions to issues in dispute between them.

In the role of mediator, we actively listen, find common ground and shared interests, and help facilitate a supportable and lasting agreement.

Our mediation team draws on the unique insights, perspectives and skills they have cultivated practicing in the areas of professional negligence, professional regulatory work including workplace disputes, administrative law, insurance, major property loss subrogation, personal injury, commercial litigation, property disputes, construction and family law.

Mediations can be done virtually and offers many of the same attributes as in-person dispute resolution including group meetings, private rooms, and document sharing. The added benefit of virtual mediation is active participation no matter where the parties are located, flexible scheduling and elimination of travel and expenses. We were early adopters of virtual mediation and continue to be impressed by how effective it is.

Arbitration

Another point in the dispute resolution spectrum is arbitration. Arbitration enables a more efficient and final resolution than going to trial in the court system. An arbitrator has decision making authority which binds the parties. Similar to a trial, parties present their evidence and legal arguments to the arbitrator who then renders a binding decision. Unlike a trial, significant confidentiality attaches to arbitration proceedings – hearings and the record are not made available to the public. Shielding parties from some of the rigours of a trial is particularly important to parties with an ongoing relationship or sensitive commercial or other information.

Another advantage to arbitration is the ability to select an arbitrator who is well versed in the subject matter and applicable law.

Michael Hewitt is a litigator and arbitrator who brings over 25 years’ experience to cases presented in arbitration.