ALTERNATIVE DISPUTE RESOLUTION (ADR)

What is ADR?
ADR stands for Alternative Dispute Resolution.
It is a problem solving tool used to help parties settle their disputes without having to got to court.

Isn't ADR bad for Lawyers?
The perception among the general public is that lawyers drag out disputes as a way of increasing the fees they charge their clients. At Pavey, Law, Wannop & Witteveen LLP our first priority is to solve your problems as efficiently and as effectively as we can, without prolonging them over months and years. We believe that ADR is a useful method of resolving disputes. Quite often, the simple communication between parties that ADR helps create is all that is needed to resolve conflict.

Forms of ADR
Mediation is one of the more widely used types of ADR. It involves the use of a mediator: a neutral party who helps the parties develop effective, workable solutions to their problems. In interest based mediation, the mediator's role is to facilitate a discussion focussing on each side's true interests which underlie the dispute.
Civil, non-family disputes in Toronto and Ottawa Carleton are subject to mandatory mediation. The Kitchener Small Claims Court, during certain times of the year, offers mediation services.

Negotiation involves direct communication between the parties to solve their problem. This may take place with each party being personally represented or being represented via their lawyers.

Arbitration involves each side presenting their case to a neutral person who then makes a decision. If the arbitrator's decision is binding, this is referred to as binding arbitration.

Neutral evaluation involves the use of an experienced, neutral party who is knowledgeable about the subject matter at issue and who listens to the arguments of both sides. He/she then provides a realistic, non-binding appraisal of what the case is worth (in time and money) and suggests ways of finding a solution.

The form of ADR you choose depends on the circumstances of your particular case and the relationship between the parties involved. The lawyers at Pavey, Law, Wannop & Witteveen LLP can suggest which type of ADR is right for you.

Benefits of ADR
The parties play a direct, substantive role in arriving at the solution ultimately achieved, rather than having a solution imposed upon them. Since the parties must agree to the solution, they have a direct interest in abiding by the terms of the agreement they reach.

Going to court to resolve disputes often involves high costs, long delays, aggravation and a possible loss of privacy if your dispute becomes public. By reducing the tensions among the parties, some forms of ADR, especially mediation, are more likely to preserve an ongoing business relationship among the parties than a protracted, litigated dispute.

Very often, minor disputes arise that can snowball into far more significant problems which could threaten business or personal relationships that have taken years to develop. ADR is an effective way of solving the smaller disputes without threatening the underlying relationship.

ADR usually takes less than a day to complete (sometimes several hours), compared to litigation which drags out over weeks, months and even years.

ADR gives the parties the opportunity to express their needs, interests and feelings in a way that is not possible during the normal litigation process. Sometimes knowing the other side's real interests and needs helps facilitate understanding and in the end, a solution.
Unlike a courtroom, ADR often takes place in a non-adversarial and informal environment. This allows the parties to concentrate on resolving the issues in dispute rather than on attacking each other.

How ADR Works
Each ADR session is different, depending of course on the particular form used. However some general observations can be made:

Before the ADR session begins the parties sign a "Confidentiality Agreement", in which they agree to keep private, the discussions and negotiations during the session. Issues discussed during the ADR session cannot be brought up at a subsequent trial, if there is one. This step is taken to encourage the parties to be open and candid thereby increasing the chances of reaching a settlement.

The parties to a dispute are expected to come to the ADR session ready (a) to talk about what they want to have included in any settlement and (b) with the authority to negotiate the terms of settlement. If a party in attendance does not have authority to settle the dispute themselves, they must arrange to have the person who has this authority available by telephone during the entire ADR session.

Usually, the parties to a dispute come to the ADR session with their lawyers and anyone else who can help them to reach a settlement. For ADR to succeed, the parties must be sincerely committed to working together to resolve the dispute. If the parties reach a settlement, the process ends. If the parties cannot reach an agreement, they are free to continue with litigation. ADR usually takes place without prejudice to either party.

Pavey, Law, Wannop & Witteveen LLP and ADR
At Pavey, Law, Wannop & Witteveen LLP we believe that not all disputes need to go to court. We will work diligently to resolve your conflict in the most effective, efficient manner possible.

A member of our Litigation Group, Brian R. Law, has a Master of Laws (LL.M.) in Mediation and Negotiation.

Our Litigation Group has many years of proven problem solving skills. Call or email us today at (519) 621-7260 or . for more information. We want to help.

Revision Date: November 15, 1999

Your choice of legal counsel is a critical and personal decision. The firm you select should be committed to your business and personal needs.

Since 1922, Pavey, Law, Wannop & Witteveen LLP has been providing its clients - large and small - with quality legal advice and services. Our purpose as a firm is twofold - to assist our business clients in the successful performance of their business, and to provide our individual clients with peace of mind through sound, understandable advice and advocacy.

We are a results-oriented firm. Our business clients receive our superior legal counsel that is practical, and guided as much by the potential impact on their businesses as by the law.

Equally, our individual clients are treated with respect and receive clear legal advice geared to resolve issues and find solutions.

For all of our clients, Pavey, Law, Wannop & Witteveen LLP is committed to delivering superior representation in a prompt, efficient and cost effective manner.

NOTE: This brochure provides general information and is not intended to be a legal opinion. Readers are cautioned not to rely on this information without obtaining legal advice with respect to their own circumstances.

For Further Information
on the services provided by our firm in the area of mediation, please contact us at (519)621-7260.