Expedited Arbitration
Expedited Arbitration
Because the parties in an arbitration are usually encouraged to participate fully and sometimes even to help structure the resolution, they are often more likely to work together peaceably rather than escalate their angst and hostility toward one another, as is often the case in litigation.
All Practice Areas
For our individual clients, we have specially trained mediators specializing in matters such as divorce settlements, family/parenting difficulties, landlord/tenant disputes, diversity issues, problems with neighbours, among many others.
Estate planning is not static and is increasingly complex. Often the plan stops short of providing for the kinds of solutions that are needed to deal with evolving family dynamics.
In business, disputes can be a fact of life. This can also be true for those involved in a franchise.
Mediation is a cost effective tool to address conflict as a non-adversarial alternative to litigation. Using mediation to resolve conflicts can serve to preserve relationships which may be vital to your business, to your stakeholders or to your personal well being.
In Ontario, the damages awarded by a judge and/or jury can vary substantially. We have seen a number of cases with a significant swing factor result in devastating impact to a Plaintiff and in the alternative, precedent setting decisions that future Defendants will now have to deal with.
Resolving a case through expedited arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding.
Many cases can take from 24 months to five years to wend their way through the courts. Unlike trials, which must be worked into overcrowded court calendars, arbitration hearings can usually be scheduled around the needs and availabilities of those involved, including weekends and evenings and usually within three months of scheduling.
The often convoluted rules of evidence and procedure do not apply in arbitration proceedings , making them less stilted and more easily adapted to the needs of those involved. Importantly, arbitration dispenses with the procedure called discovery that involves taking and answering interrogatories, depositions, and requests to produce documents — often derided as a delaying and game-playing tactic of litigation. In arbitrations, most matters, such as who will be called as a witness and what documents must be produced, are handled with a simple phone call.
Arbitration proceedings are generally held in private. And parties many times agree to keep the proceedings and terms of the final resolution confidential. Both of these safeguards can be a boon if the subject matter of the dispute might cause some embarrassment or reveal private information, such as a company’s client list.
Depending on the outcome of the case, a proportion of the costs and disbursements payable to the lawyers may be recoverable from the opponent. Except in limited circumstances where only fixed costs are awarded, your arbitrator has full discretion to decide which party should pay costs to an opponent and as to the amount of costs payable.
For these reasons, you might wish to explore the value of an Expedited 1-2 day Arbitration with a member of the Sadowski Resolutions Group.
Call Robert Lapier at 416-850-1808 for more information.
