What is Alternative Dispute Resolution (ADR)?

Negotiation, conciliation, mediation and arbitration are alternatives to the litigation process.

PREPARING FOR ARBITRATION AND MEDIATION

The Institute's standard clauses can be included in contracts and disputes can be dealt with by mediation or arbitration before or instead of litigation. The Institute can also help to establish a dispute resolution strategy for contracts or projects.

Your Dispute Resolution Options

Businesses, institutions and individuals choose arbitration and/or mediation to successfully resolve most disputes. Almost any type of dispute is capable of being resolved successfully through ADR. Some of the most frequent types are:

• Contract
• Partnership
• Construction
• Insurance
• Condominium
• Motor Vehicle
• Payment for goods/services
• Commercial landlord/tenant

What is Mediation?

Mediation is a process where the disputing parties appoint a mediator trained in the area of dispute resolution. Like arbitration, mediation involves choosing a third party to help resolve the dispute.

Unlike an arbitrator, a mediator does not impose a decision. The mediator facilitates the discussion to help the disputing parties arrive at a mutually agreed upon settlement. Mediation is often chosen when the ongoing relationship between the parties is important. Lawyers can be present or consulted at any time.

What is Arbitration?

The arbitrator who is trained in the areas of arbitration and its relevant laws, is selected by the disputing parties for his knowledge and expertise. The arbitrator reviews the evidence and arguments of each party to reach a decision that is binding on both parties. Either party may involve legal counsel, witnesses or other representation