| Alternative Dispute Resolution is one of the best | | | | Mediation is procedure where a third party (a |
| solutions in modern law. While the courts today are | | | | mediator) is facilitating the resolution process. While this |
| overcrowded and in many provinces the amount of | | | | party even the right to suggest a resolution, but does |
| cases like personal injuries just can’t be handled | | | | not impose a resolution on the parties. |
| fast enough — alternative solution (through any | | | | |
| other resolution than litigation) usually is the best | | | | Collaborative Law (collaborative divorce) is not quite an |
| solution. It is most often practiced in such areas of law | | | | alternative resolution but rather a litigation variant, still it |
| as: commercial, construction, elections, employment, | | | | allows to solve the dispute without the active |
| federal practice, insurance, international, labor and | | | | participation of the sides. In this type of resolution, each |
| securities. In some areas 90% of the cases are solved | | | | party has an attorney, which facilitates the resolution |
| throughout alternative resolutions. Alternative Dispute | | | | process within specifically contracted terms and |
| Resolution has lot of advantages compared to litigation, | | | | mutually-agreed experts. No one imposes a resolution |
| it is usually cheaper and more expeditious. Also it can | | | | on the parties, however, the process is a formalized |
| be focused only on the solution of the problem and not | | | | process that is part of the litigation and court system. |
| on court procedures, so is it more effective for both | | | | |
| sides. Usually the alternative resolution is proposed | | | | Hearing is a procedure that is less formal that trial. |
| after the initial hearings stage. One of the biggest | | | | Mostly hearings are public with definite issues of fact |
| advantages of the Alternative Dispute Resolution is | | | | or law to be tried, in which witnesses are heard and |
| flexibility. Basically any conflict resolution within legal | | | | evidence is presented. |
| rules can be considered and alternative solution. Still | | | | |
| there are five main types of Alternative Dispute | | | | Arbitration is a procedure where participation is |
| Resolution: negotiation, mediation, collaborative law, | | | | typically voluntary, and a third party (acting like a |
| hearing and arbitration. | | | | private judge) is present. The third party imposes a |
| | | | | resolution during the process of arbitration. Mostly such |
| Negotiation is a voluntary procedure with no third party | | | | type of resolutions occur because parties to contracts |
| that facilitates the resolution process or imposes a | | | | agree that any future dispute concerning the |
| resolution. This type of Alternative Dispute Resolution is | | | | agreement will be resolved by arbitration. If such |
| the easiest one for both of the sides, because | | | | agreement was made it is usually called 'Scott Avery |
| everything can be solved between the parties with no | | | | Clause'. During the recent years the enforceability of |
| additional people, still this solution is impossible in a large | | | | arbitration clauses (in consumer agreements mostly) |
| number of cases because the sides are not ready for | | | | has drawn scrutiny from courts. Of course there is |
| negotiation (are having emotional problems during a | | | | always a possibility to appeal arbitration outcomes to |
| divorce for example). | | | | courts, but appeals will face an exacting standard of |
| | | | | review. |