FAQ

faq

What does Alternative Dispute Resolution mean?
What are the advantages of ADR processes over going to court?
How much does it cost and what does the fee include?
What rules apply to ADR processes?
What types of disputes may be resolved using ADR?
What is interest based mediation?
What is evaluative mediation?
What steps are involved?
Do I need to be represented by a lawyer?

 



What does Alternative Dispute Resolution mean?

This process involves a neutral decision maker giving parties in dispute a non-binding assessment of what might happen if they went to arbitration or to court.

The following may be incorporated:



What are the advantages of ADR processes over going to court?

The main advantages of using experienced arbitrators and mediators are as follows:

  • ADR processes are flexible in timing and location.
  • ADR processes are private and confidential.
  • ADR processes are generally less expensive.
  • ADR processes are generally faster.
  • If mediation is used, the parties control the result.


How much does it cost and what does the fee include?

Our fees are charged on a day or half day basis. Fees include mediator/arbitrator fees, local phone calls and mailing costs. They do not include the cost of interpreters (if required), legal assistance, witness costs, transcription services, or room rental costs.



What rules apply to ADR processes?

Unless the parties otherwise agree, our mediators and arbitrators use the BCAMI rules.


What types of disputes may be resolved using ADR?

Our ADR specialists are capable of resolving almost any dispute which the parties agree to have resolved by a neutral third party. We are experienced in mediating and arbitrating contractual disputes as well as disputes involving the statutory rights and obligations of the parties, negligence, and the assessment of damages. For example, we have arbitrated motor vehicle, landlord/tenant, contract, partnership and condominium disputes.


What is interest based mediation?

This is the most common form of mediation practiced in British Columbia and may also be described very basically as “assisted negotiation”.

The mediator’s role in this process is to guide the process: encourage parties to listen actively, ensure that each side has a fair opportunity to express themselves; help the parties to be clear about their underlying interests  (hopes, desires, wants, fears, etc.), and, may meet separately with each side if it appears that it will help the parties to make progress. Where the mediator perceives that the parties are not taking a sufficiently broad view of the conflict or are not realistically assessing the conflict, he or she may ask the parties questions to help them identify and assess their assumptions. However, while prompting the parties to test their assumptions, the interest based mediator will not offer an opinion and will respect the parties autonomy to reach an agreement which suits their unique circumstances.


What is evaluative mediation?

Evaluative mediation focuses on helping the parties exchange information in order to resolve their conflict, while also acquiring enough information to be able to evaluate the evidence and arguments of each of the parties.

At appropriate points in the mediation, when all participants are in agreement, the mediator will give their opinion on what might be a fair or reasonable settlement. In doing so, the mediator provides the parties with a neutral opinion on what might be a fair outcome or the outcome they might expect to achieve through legal action.


What steps are involved?
The parties agree to mediate or arbitrate their dispute •If you and the other party agree to use our services please contact us, sending a copy of your email to the other party;

  • One of us will respond to begin the process and advise you of the next steps including costs;
  • The mediation or arbitration takes place •After mediation, the mediator may draft a memorandum of understanding to reflect the agreement reached by the parties;
  • After arbitration, the arbitrator will provide the parties with a written decision with reasons.

Do I need to be represented by a lawyer?

You can be represented by a person of your choice, including a lawyer, but that is not required.