Alternative Dispute Resolution - ADR - It works!

Alternative Dispute Resolution known as A.D.R. is a process of settling or deciding disputes outside of the traditional courtroom where a decision is made by a judge and/ or a jury.  A mediator works to help bring the parties to their own agreement. The mediator helps the parties communicate and is usually the one who delivers offers and counter-offers to each party. Usually mediators avoid giving advice or making recommendations, but instead try to help each party see the other side’s point of view and the strengths and weaknesses of each side’s case.

An Arbitrator is a private judge who decides the issues in dispute based on evidence and the law as it applies to the dispute. This may or may not require a formal hearing and evidence to be called through witnesses. Arbitration is a process with flexible rules where the parties can agree on an efficient way to get evidence to the arbitrator to form the basis for a decision resolving the dispute.  This can be very informal, efficient and different than court proceedings. It is a type of A.D.R. that is used when settlement can not be achieved and someone is needed to make a decision.  Within arbitration there are opportunities for negotiation, mediation and settlement.  We believe that most disputes can be resolved by agreement with the help of an independent facilitator who mediates between the parties or otherwise assists.  When you can not settle it is often preferable to have your dispute decided by a qualified and independent arbitrator rather than going to court. Arbitration is a more private process which can be quicker than court with less chance for appeal after the decision is made. An expert arbitrator with qualifications in a field relevant to the issues of the case is better equipped to decide a technical dispute than a judge.

For disputes between people and companies in different countries International Arbitration is generally better than court due to distrust of foreign courts and the better ability to enforce international arbitration awards under international agreements. We offer mediation, arbitration and other A.D.R. services in Canada and internationally.  Murray Miskin is well known as an arbitrator, trainer of arbitrators since 1985,and as a mediator. Murray has conducted a wide range of commercial arbitrations. Most of Murray’s mediation work relates to personal injury claims where he has expertise from his experience as a personal injury lawyer. Visit our website page with Murray’s C.V. for further details of qualifications and experience. Email miskinlaw@yahoo.com to inquire about our services. Check at http://adrweb.ca to see an availability schedule and for more information on Murray and other ADR professionals.