Alternative Dispute Resolution

Costly litigation is not the only option on the table to address a legal issue. Alternative Dispute Resolution, or ADR, refers to several potential ways that two or more parties can resolve a dispute outside a traditional courtroom setting.

Types Of Legal Matters Where Alternative Dispute Resolution Is Appropriate

There are many legal issues that stand to benefit from pursuing Alternative Dispute Resolution.

• Divorce and family law disputes.
• Business-related contract disagreements.
• Property conflicts.
• Employment disputes.
• Commercial and business disagreements.

Why Pursue Alternative Dispute Resolution

Alternative Dispute Resolution in Ontario is a strategic choice by legal teams to litigate and resolve disputes privately.

Here are why these alternatives might make sense for your case.

• Control: They offer more control over the outcome of your dispute, allowing you to negotiate the result.
• Less Costly: Alternative Dispute Resolution is cost-efficient and much more affordable than a potentially long court battle.
• Predictability: There is more predictability over the dispute process with a lawyer who is knowledgeable about how to proceed with mediation or arbitration.
• Maintain Privacy: The process is often private and confidential, keeping details from being put on public record.
• Avoid The Wait Time: Avoid the delay and backlog of cases awaiting to be processed before the Ontario court system.
• Faster Resolution: It’s more time-efficient to pursue one of these alternatives to handling a legal conflict.
• Preserve The Relationship: In many cases, you can better preserve the relationship between parties when they engage in Alternative Dispute Resolution.

When you hire Alves Law specifically to pursue Alternative Dispute Resolution, rest assured that our team has successfully negotiated legal solutions across a broad range of legal issues and will work to secure for you the best possible outcome for your case.

More than anything, do not enter a legal case without hiring a skilled family lawyer with a background in resolving cases by way of a non-court resolution.

Types Of Alternative Dispute Resolution

Negotiation

Negotiation is a simple, straightforward form of dispute resolution. It’s available to you at any time during your case. That said, there is an art to knowing when to try to negotiate a deal and it’s not always obvious. Furthermore, despite best efforts, negotiation can break down, especially when the consequences of a dispute are worsening or still being felt in an emotionally intense way, such as in matters relating to a contested divorce.

In some cases, negotiation is not possible, however, there are a lot of ways one can request negotiation. The threat of certain litigation procedures and a knowledge of how to assert one’s rights may motivate the other party to come to the table. On the opposite end, a skilled and experienced lawyer will understand when negotiations are futile and the only way forward is likely a court battle.

Mediation

Mediation is a non-binding negotiation before a neutral third-party mediator. Mediation can prove successful in a lot of cases. A skilled mediator can help parties see issues from a different perspective and identify different issues. It’s also a useful tool to engage with a professional who is independent and can bring the parties through an impasse. 

Mediation is strongly recommended that parties consider mediation to assist in resolving issues in  divorce law cases. Mediators are trained legal experts and can provide an objective assessment of the risks and liabilities of a case, informing both sides on the best way to proceed. Please note that mediation poses no obligation on the parties to settle. Furthermore, a mediator’s assessment of a claim or defense argument can provide further insight into how to move forward if mediation fails.

Arbitration

Arbitration is a legally-binding dispute resolution approach. In this context, the parties engage the services of a private individual who is trained in legal processes and who the parties give the authority to make final decisions, or “awards”, about their dispute. Canada is a favorable jurisdiction for arbitrating disputes, with case law repeatedly affirming the validity and enforceability of arbitration decisions.

While arbitration is funded by the parties, there are a number of advantages to opting for arbitration over court proceedings. Not only do you get all the benefits of Alternative Dispute Resolution on your side but this is an opportunity to keep the outcome of a case confidential. Furthermore, the parties have a lot more control over the process. Most importantly, arbitrations usually proceed at lightening speed compared to the availability of the court’s resources. Needless to say, it is worth the cost of a lawyer if they are experienced in arbitration.

Mediation-Arbitration

A common process in family law is when the parties retain a professional who is trained as both a mediator and arbitrator. The parties retain that person to act firstly as a mediator, and obtain the advantages of mediation. In the event the mediation does not result in final resolution of the issues, the process morphs into an arbitration where the mediator-arbitrator will make a decision for the parties.

The best part of a mediation-arbitration process is that it will bring the issues to a conclusion, whether they can agree or not,  while also affording the parties the benefits of mediation.

 

Collaborative Family Law

Collaborative family law is a method of alternative dispute resolution where all parties involved agree to keep the matter being discussed out of the court system and they commit to resolving the issue privately.

Collaborative family law involves parties retaining lawyers who, along with the parties, agree not to engage in the litigation process while they actively pursue resolving the issues in dispute through a combination of negotiation, mediation, and joint use and retaining of resources, like financial experts.

A failure to reach a settlement agreement means you may be required to begin a new alternative dispute resolution process and you may be tasked with discharging one’s lawyers.

 

Which Alternative Dispute Resolution Is Right For You

There is no ‘best’ mechanism for dispute resolution, in contrasting and comparing negotiation, mediation, arbitration, and collaborative family law. Each has its advantages and is right for specific cases.

Parties should first determine what issues they have in dispute. If parties have not distilled what disputes they have, they should first work with a lawyer to help narrow that down. After that, the parties can assess which process, or processes, make the most sense.

Negotiation is typically the first type of ADR parties negotiate in. It can be as informal as kitchen table discussions, and extends to exchanges of formal proposals to resolve. Negotiations typically continue all the way through all processes of ADR. It should also be noted that just because parties start one process it does mean a different process cannot continue either in parallel, or in sequence.

It must also be noted that Alternative Dispute Resolution procedures can fail. When they do, they increase the cost and length of resolving a claim. A lawyer at Alves Law can advise on whether such dispute resolution strategies are worth considering or if preparing for court proceedings is in your best interest.

Every year, there are tens of thousands of legal cases that are resolved by Alternative Dispute Resolution and that never end up in a trial scenario. While we are ready to represent and defend your rights should there be court proceedings, it’s a lot more beneficial to lock in an agreement through mediation or arbitration.

Alternative Dispute Resolution: Why You Want A Lawyer With You

It is strongly recommended to enter an Alternative Dispute Resolution session with a lawyer representing you.

Trying to settle your own case in mediation or arbitration is a challenge that anyone will fare better with when they have an experienced lawyer from Alves Law alongside them. Without prior legal advice, you’re likely to receive unfair proposed settlement terms and you may have to start the process over, wasting time and costs.

Just because it’s not taking place in court does not mean these negotiations aren’t treated in the legal community with the same importance. A lawyer does not send a client to court by themselves for a reason. Arriving at a session without a lawyer puts you at a disadvantage.

When you have an expert with you, you will be ready to move ahead in Alternative Dispute Resolution with full knowledge of your rights, options, and obligations.

 

How To Prepare For Alternative Dispute Resolution

First and foremost, connect with your lawyer to ensure the type of Alternative Dispute Resolution selected is fair. A mediator or arbitrator, for example, should not be affiliated with you or the opposing party at a personal or professional level.

In terms of preparation, here are the key areas an Ontario lawyer will focus on.

• Define what specific issues need to be resolved.
• Identify the facts or circumstances that led to the dispute.
• Outline what you and the other party disagree about.
• Define what you and the other party agree about.
• Write out what steps have already been taken to try to settle the dispute.

If you have any questions about how your Alternative Dispute Resolution may proceed, your lawyer can provide further information. They will be able to advise on what the best and worst outcomes may be, what concerns they have, and what options are available if a settlement is not reached through mediation, arbitration, or collaborative family law.

 

How The Courts Can Affect Alternative Dispute Resolution

While not going to court means you are not leaving the decision of your legal dispute to a third-party, there are still ways in which the courts can interfere with a resolution.

It must also be noted that some negotiated settlements in Alternative Dispute Resolution may not be accepted by the courts. The Court may scrutinize and challenge arrangements that are deemed not in the best interest of the child and/or that deviate from mandatory payment requirements.

Common Challenges In Alternative Dispute Resolution

Communication Issues

Emotional disputes can cause the quality of communication to break down between parties. Alves Law has a wealth of experience as highly trained mediators and can assist in keeping dialogue open and respectful.

This is why it’s important to hire the right lawyer for your case.

Power Imbalances

In many disputes, one party feels overpowered by the other.

It’s always our aim to provide clients with the confidence to properly enforce their rights and ensure a fair, balanced negotiation environment regardless of how the other party wishes to behave or present.

Enforcement of Agreements

There may be serious concern about whether the other party will honor an agreement arrived at in Alternative Dispute Resolution.

When you work with the legal experts at Alves Law, we ensure the agreements are drafted properly, enforceable, and that they can be held up in court if necessary.

Alternative Dispute Resolution: Legal Services Offered By Alves Law

Alves Law’s legal team comes with unparalleled expertise in navigating Alternative Dispute Resolution. This is no more common than in cases of family law and divorce proceedings.

When you connect with one of our lawyers, you connect with someone with a deep knowledge of Ontario laws, someone highly trained in mediation and arbitration, and who offer personalized legal strategies based in achieving the most efficient and effective resolution possible.

The three most common situations relating to ADR when we are hired at Alves Law are as follows:

• Draft enforceable arbitration clauses to be put in your contracts.
• Receive legal guidance if you are involved in a dispute requiring you to engage in arbitration or meditation.
• Enforce an arbitration award ordered by the Ontario courts.

What To Expect With Alternative Dispute Resolution

1. Initial Consultation

All parties’ legal representatives sit down to discuss if Alternative Dispute Resolution is suitable.

This comprehensive step will assess the specifics of the case and the unique circumstances surrounding it.

2. Selection of Method

A selection is made between mediation, arbitration, or collaborative law based on what type of dispute being handled.

Which method is best is rooted in the complexity of the dispute, the desired level of confidentiality by participants, the willingness of all parties to negotiate, and the need for a binding resolution.

Your lawyer will guide you in analyzing the strengths and weaknesses of your case, potential counterarguments, negotiation tactics they intend to employ, and communication strategies you can put to use during proceedings if your input is requested.

This is also where you prepare for the session to come. Evidence must be gathered, including relevant contracts and agreements, financial records, correspondence between parties, witness statements, and expert reports.

3. Selection of Third-Party

A neutral third-party is selected if required, such as if you need a mediator or arbitrator.

4. Discussions

Parties engage in discussions or hearings in Alternative Dispute Resolution to work to resolve the legal issue at-hand.

As you work with a mediator or arbitrator, they will establish the rules of conduct from the start and work to keep discussions focused.

Each party may be asked to meet separately with the mediator or arbitrator first.

The actual discussion will include a summary of the dispute, presentation of facts, and resolution discussion.

The sessions themselves can last 4-8 hours, and can happen over multiple days. The process is flexible and can be adjusted to ensure all parties are comfortable.

5. Final Agreement

If a binding resolution is reached during ADR, this resolution is documented and signed.

To formalize the agreement, terms and conditions must be outlined in detail and ambiguity must be resolved. An agreement will optimally address potential future issues and clearly define each party’s obligation to the other.

Once signed, the document can be filed as an agreement with the courts and all parties will be advised on compliance measures.

Contact Alves Law For Ontario Alternative Dispute Resolution Services You Trust

For anyone facing a serious legal matter and seeking a cost-effective solution, hire a lawyer with experience in Alternative Dispute Resolution.

Alves Law are the experts at being able to resolve disputes outside the courtroom through negotiation, mediation, or arbitration. Unless litigation is absolutely necessary, it does not have to be your first choice for handling a legal dispute.

Alternative Dispute Resolution is less formal, more collaborative, and saves you time and money. We recognize no one wants to be involved in a lengthy court battle. Let us assess your case, define a strategy, and evaluate what alternative dispute approaches may be best to deliver a successful outcome for you.

Contact us today to schedule a consultation and to discuss the details of your case.