Dispute Resolution Services
I am hopeful that I can help resolve your disputes fairly and efficiently through the services I offer. These include different paths to resolution:
MEDIATION
I have conducted hundreds of mediations – as counsel, as a judicial mediator (JDRs), and now as a private mediator. My philosophy as a mediator is to allow the parties to explore and express concerns and resolution possibilities in a confidential and safe setting. I will help outline the risks and rewards of proceeding through litigation versus settlement possibilities based on my experience - when the time is right (a facilitative and evaluative vs. solely facilitative approach). I believe that mediation is one of the best tools to resolve disputes. It is for this reason that it is again required by the Court of King’s Bench of Alberta before a trial date can be scheduled pursuant to the Alberta Rules of Court.
ARBITRATION
Arbitration may be mandated by contract or mutually chosen as a method of final resolution at the beginning of a dispute or even after litigation in court has been commenced. For instance, an application on a discreet point can be arbitrated privately in order to get a speedy resolution of that issue. Streamlined, private proceedings, properly managed, can result in an early resolution from a decision-maker you trust. I sit as either a sole arbitrator or on a panel of three Tribunal Members. Procedures for the arbitration are flexible and I am familiar with, and use, the ADRIC, or UNCITRAL rules, amongst others, as well as the IBA Rules of Evidence.
The use of technology for document and exhibit handling reduces costs, adds efficiencies to hearings and saves trees.
CASE MANAGEMENT
Civil case management allows parties to refer interim procedural matters (“specials”) for limited arbitration rulings. The action can continue to be litigated in the courts with this solution, but this helpful tool can allow parties to move forward expeditiously to get limited issues determined which may help overall resolution. This tool can also be used to manage litigation through multiple steps – keeping the litigation on track for a speedy resolution. Coupled with the use of virtual hearings, this tool can reduce costs and expense of litigation.
MED/ARB
The blend of mediation and arbitration solutions is a tool relatively new ADR tool that helps control the outcome and narrows the issues that may ultimately need to be decided by the neutral. The mediation portion of the meeting will focus on obtaining agreed solutions and ultimately, the neutral can decide the final issues that remain. The bonus of this tool is that there is finality to the exercise. The courts in Alberta have been using this “binding mediation” tool for some time with success.