www.lexpert.ca 17
Says Archer: "One of the trends that we've
certainly seen in Alberta is that you get retired
judges who are prepared to act as mediators
and the parties will engage in a mediation
process. And these judges can give infor-
mation to the parties about the respective
strengths and weaknesses of their positions
and try to help facilitate a resolution before
resorting to a lengthy and expensive trial or
arbitration process."
Saab says she's seeing more mandatory
arbitration clauses built into contracts as an
agreed-upon way of settling any potential
disputes before they happen, even though the
arbitrator's decision is generally final, with few
avenues of appeal or review.
"Arbitrations tend to be faster than court
proceedings," Saab says, adding that she
has noticed there is oen a more "robust"
discovery phase in arbitration that puts the
CONSENSUAL MEDIATION AND NEGOTIATION
Advantages Disdvantages
Speedy and informal;
generally less stressful
Can be used as stalling tactic
Confidentiality Parties not compelled to continue process
May select mediator familiar with
issues, sector
Does not produce legal precedents
Resolutions tailored to needs and
concerns of parties
Parties may have limited bargaining authority
May assist in clarifying issues,
fostering climate of openness
Lack of neutral party may reduce chance
of agreement
Process voluntary, except when
mandated by legislation or contract
Mediation can't compel good faith in disclosure
WE CAN HANDLE ANY PITCH.
WOODS.QC.CA LITIGATION . ARBITRATION . INSOLVENCY
