Why include negotiation in ADR? Don’t people negotiate in most cases?
Yes, parties and their lawyers do negotiate in most cases. Indeed, some 90% to 95% of cases settle before trial...
What Makes Up This Basket Of Procedures?
The procedures are sufficiently broad in concept that they may be structured, as the parties to the dispute wish, to...
How is a strata dispute arbitrated?
Section 179 of the Strata Property Act (“the Act”) allows disputes between a strata corporation and an owner or owners...
How is an arbitrator or mediator selected for a case?
After reviewing a completed Request Form for Referral/Appointment, the Institute will: Send to each party simultaneously (or to counsel as directed)...
How can I pay for dispute resolution?
Payments can be made by cheque, credit/debit card (Visa or MasterCard), and e-transfers to rosters@adrbc.com. Should you have any inquiries...
Who pays the arbitrator/mediator?
The costs of an arbitration are in the discretion of the arbitrator who, in making an order for costs, may...
When is the best time to use ADR?
Resolution of a dispute requires careful preparation whether the process used is ADR or litigation. Careful analysis of the dispute...
Which method of ADR is most often used?
Mediation is the most frequently used form of ADR, though it may be used in conjunction with other forms of...
Is ADR suitable in all cases?
No. For ADR to be successful, the parties must genuinely wish to achieve a settlement. There are cases in which...
What is the difference between a mediator and an arbitrator?
The mediator does not make a decision, but rather works with the parties to assist them in finding a solution...