Winnipeg Arbitration & Mediation Lawyers
We provide extensive experience in conflict management and alternative dispute resolution, providing guidance throughout the dispute resolution process so as to resolve matters privately and avoid the court process in a cost-efficient way. We assist parties in resolving disputes by facilitating conversation and finding creative resolutions to ongoing disputes in all types of litigation, including contractual disputes, construction, insurance, personal injury and negligence claims, products liability, and professional negligence and discipline matters.
What Is Arbitration?
Arbitration is a form of alternative dispute resolution, also known as "ADR", and is a method of resolving disputes outside the courts. The issue will be decided by one or more persons, known as the "arbitrators", which renders the "arbitration award". An arbitration award is legally binding on both sides and enforceable in the courts.
Arbitration is often used for the resolution of commercial disputes, particularly in the context of contract disputes between two parties. Arbitration is also often used in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts.
In arbitration, the arbitrator hears evidence and makes a decision. Arbitration is more like the court process, as both parties may still provide testimony and give evidence similar to a court proceeding - but it is usually less formal in nature.
What Is Mediation?
Mediation is another form of alternative dispute resolution. As opposed to arbitration, the mediation process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.
Mediators do not issue decisions or find fault. Alternatively, a mediator can help disputing parties to reach a settlement by facilitating communication, gathering facts, and developing resolution options.
Although mediation methods may differ, the parties often first meet with the mediator together informally to share their views of the dispute. Usually the mediator will then meet with each party separately, perhaps several times. The mediator discusses the dispute with them, and explores with each party possible ways to resolve it. The focus is always on the parties as they work towards a mutually beneficial resolution. Most disputes are successfully resolved and often the parties will enter into a written settlement agreement.