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Alternative Dispute Resolution (ADR), which includes mediation and arbitration, is a commonly used method to resolve disputes in Edmonton, Canada. Mediation is a collaborative process where a neutral third party assists the disputing parties to reach a mutually acceptable solution. Arbitration, on the other hand, involves a neutral arbitrator who makes the final decision, typically binding, based on the evidences and submissions of the parties.
Involvement of a lawyer in ADR processes ensures that your legal rights and interests are effectively represented. If you are involved in a complex business dispute, property case, or a family issue that requires third party intervention, an experienced ADR lawyer can help in structuring the negotiation, can represent you during the process, and will ensure that the legal aspects of any settlement agreement are correct and binding.
ADR practices in Edmonton are governed by the Alberta Arbitration Act and the terms of contract between the parties. The Arbitration Act provides the legal framework for conducting arbitration in the province. Also, the Mediation Act sets out some ground rules for voluntary mediation proceedings. It's important to understand that the enforceability of an arbitration award or mediation settlement can depend on whether the principles and processes outlined in these acts have been adhered to.
While mediation and arbitration are both forms of dispute resolution, the key difference is that in arbitration the arbitrator issues a decision about the dispute after hearing arguments from both sides. In mediation, the mediator assists the parties to reach their own resolution.
The outcome of mediated settlements depends on the willingness of the parties to comply. However, arbitration decisions are binding and have the same effect as a court judgement.
ADR proceedings are generally confidential, and any disclosures made during these proceedings cannot be used in court, should the matter eventually head there.
Most civil disputes, including those related to business contracts, property, family matters, and personal injury can be resolved through ADR methods.
Yes, generally the parties to a dispute agree on their choice of mediator or arbitrator. If agreement cannot be reached, a court or third-party institution will make the appointment.
Those seeking information or advice can approach the Alternative Dispute Resolution Institute of Alberta (ADRIA), or the Law Society of Alberta, which provides a range of resources and information. Provincial courts also offer dispute resolution services.
If you believe you require ADR legal services, you should seek professional legal advice. Contact a law firm in Edmonton specializing in arbitration and mediation. They can guide you on the nature of your case, the best form of ADR, and represent you during the process.
