Dispute Resolution 


Negotiation and settlement

This is the most common method used in resolving disputes and controversies. The aggrieved party approaches the offending party to discuss their concerns and reasons why there should not be a settlement in resolving the matter.  If the matter is resolved and the controversy/dispute is over, a signed written outcome between the parties is not necessary although it would be useful in the event any of the parties involved breaching the agreed outcome.  If the negotiation fails, then  the action would move onto Arbitration, mediation or litigation.

Arbitration

A controversy/dispute can be submitted to a third impartial party known as an arbitrator selected by the conflicting parties who agree in advance to abide by and be bound by certain terms and conditions set by the arbitrator leading up to a first hearing. If the parties involved are unable to to resolve their controversy/dispute before the hearing date then the hearing is conducted and arbitrator determines the outcome. It is possible to have a 'non binding' arbitration in which case a lawsuit can be filed if one of the parties does not agree with the arbitrator's decision.

Mediation

A controversy/dispute can be submitted to a third impartial party known as a mediator who is readily familiar with similar controversies/disputes. The mediator could be a professional advisor in the form of an accountant, lawyer, financial planner or retired magistrate selected by the parties involved who agree in advance to make an in good faith effort to resolve their differences with the assistance of the mediator. The mediator works with both parties through a 'give and take' process striving to reach a satisfactory outcome for all parties.

Litigation

Litigation is the ultimate legal process for enforcing a particular right or settling controversies / disputes between and among individuals, businesses, legal entities and government. The parties involved rely on a judge or jury to determine a legal question or matter where the term litigation is used to distinguish the process from other alternative dispute resolutions (ADRs) such as Negotiation & Settlement, Arbitration and Mediation. Use of ADRs should be the preferred method for achieving the desired outcome to avoid court formalities, expense, delay and prolonged aggravation.


The most common reasons for need of the above services are:

  • ACL claims
  • Financial matters such as debt recovery, Insolvency/Bankruptcy
  • Deceased estate claims including Family Provision Act claims
  • Building and construction disputes
  • Business and partnership disputes
  • Franchise disputes

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