The arbitration process results in a binding decision or “award” pursuant to an arbitration agreement or submission to arbitration, applying the law to the evidence presented during the process. The award may be made an order of the Court of Queen’s Bench.
Legal counsel often play a critical role in framing the dispute and setting the parameters for the arbitration, the production of key documents, presentation of the case and management of client expectations.
Interim applications and procedural matters may be dealt with promptly, usually by conference call and without the expense of in-person meetings.
Arbitration provides confidentiality, privacy, and expediency. Issues are handled in a way that is similar to formal court proceedings but without public scrutiny or delay.
For excellent and flexible rules to govern an arbitration, consider the ADR Institute of Canada Arbitration Rules.
Mediation is a process in which adversaries appoint an independent, unbiased mediator to help them reach a voluntary settlement. The mediator does not decide the settlement; rather, he creates a neutral context for positive discussion that helps the participants move to resolution of their issues.
Participants are encouraged to have legal counsel in preparation for, and throughout the mediation. Parties are assured that mediation:
- Is confidential and without prejudice
- Can be terminated at any point in the process
- Creates a voluntary and binding settlement
- Will create a platform for positive future relationships
Mr. McCartney has conducted hundreds of successful mediations and arbitrations including: