Arbitration
Arbitration is a final and binding dispute resolution mechanism . It is a flexible tool that can be as formal or informal as may best fit the situation.
Some people call it "private court", but the process can be tailored to fit the needs of the parties. Each party will present their case to the arbitrator and, depending on the dispute, may submit evidence/documents. The arbitrator will write an "arbitral reward" setting out her or his decision.
Arbitration, unlike courts, can often be confidential and the process can be adapted to the unique needs or requirements of the parties.
Our arbitrators are knowledgeable in wide-ranging areas of expertise and come from diverse professional, educational, and cultural backgrounds.
Mediation
Mediation brings two or more parties together to have a productive conversation. The purpose of mediation is to reflect on the true root of the problem, not just the dispute. Mediation is most effective when both parties are willing to be honest about their view of the problem and open to finding mutually-agreeable ways to resolve it.
Mediation is an effective tool to improve communication and build (or rebuild) a relationship. The origin of many disputes is not understanding the point of view of another party. Part of mediation is being open to seeing the dispute from the other party's perspective to help everyone understand why there is a dispute in the first place.
We recommend mediation for situations where the parties to a dispute are likely to continue to have a personal or professional relationship in the future. Unlike court, mediation helps build bridges, not burn them.
Our mediators are here to help facilitate this conversation.
Med-Arb
Med-Arb stands for "Mediation-Arbitration". As you may have guessed, this is composed of two stages: mediation and arbitration.
The purpose of Med-Arb is to provide the flexibility to resolve a dispute between yourselves, with the assistance of a mediator, but also to provide the certainty that if mutual agreement cannot be reached, a binding resolution will be determined by an arbitrator.
In our experience, parties like to control their own destiny and come to a resolution themselves, but they also want to make sure they aren't wasting their time or money. Med-Arb is particularly useful where you still want to try to amicably work out a solution, but want a binding resolution at the end of the day. Med-Arb ensures flexibility as well as a binding resolution.
In the Med-Arb process, our mediator-arbitrators will first act as a mediator to facilitate a discussion. If a resolution cannot be mutually agreed to, then the mediator will change her or his capacity to that of an arbitrator and proceed with a final and binding arbitration.