Mediation & Arbitration
Calgary Litigation Boutique Offering Mediation and Arbitration Services
As experienced litigators, our lawyers understand that legal disputes can often be extremely expensive, and that litigating a matter in court can take years. Taking matters all the way to court involves a great deal of preparation, and a lot of uncertainty about the eventual outcome. In a commercial context, litigation can also be harmful to a company’s reputation and business relationships. HMC Lawyers are skilled advocates that can utilize all forms of Alternative Dispute Resolution (ADR), including mediation and arbitration, to better serve our clients’ needs.
In addition to acting as counsel in ADR matters, HMC Lawyers offers mediation and arbitration services for Individuals, businesses, and insurers that are seeking an alternative method of settling their legal disputes. Through acting as mediators or arbitrators, we give parties involved in legal disputes the opportunity to resolve matters without resorting to litigation. Arbitration and mediation are services that can be of benefit to anyone, even self-represented litigants who do not have counsel. It is not always necessary to have a lawyer acting on your behalf to resolve disputes using arbitration and mediation.
How does the mediation or arbitration process work?
Mediation and arbitration are forms of alternative dispute resolution that enable parties to find mutually beneficial, creative solutions to their legal problems, while avoiding the expense and risk of going to court.
What is mediation
Mediation is a non-binding process led by an impartial third party mediator. The mediator is familiar with the case and applicable law, and helps both parties to clarify their positions and underlying interests. A mediator encourages parties to consider alternative perspectives with a view to reaching common goals. The mediator attempts to guide the parties to a resolution. At the end of mediation, parties may have resolved all, or some, of the matters in dispute.
What is arbitration
Arbitration is a more formal process than mediation. It involves a third party decision-maker chosen by the parties to resolve their dispute outside of court. Unlike mediators, arbitrators can make binding legal decisions on the matters before them.
Parties will sign an agreement prior to arbitration, which identifies the decision-maker, sets out the relevant procedural rules, and the extent to which any decision will be binding. During the hearing, each party is given an opportunity to present evidence and make arguments to persuade the arbitrator to decide in their favour. Arbitration allows the parties to have their disputes determined confidentially and more efficiently. Arbitration results are binding and can be enforced as if they were a decision of the courts.
Cost-effective mediation and arbitration services throughout Alberta
Through our partners Michael J.M. Hokanson, and Sean Jeffers, HMC Lawyers is able to provide both mediation and arbitration services in a range of areas, including:
- Personal injury including motor vehicle accidents;
- Construction disputes;
- Family law matters;
- Commercial disputes including leases, shareholder agreements and contractual disputes; and
- Condominium disputes.
To discuss how we can help you resolve your legal dispute more efficiently through alternative dispute resolution, contact us online or call 1-800-480-3534. Wherever necessary, we are available to travel throughout the province of Alberta and Western Canada.