Our mediators believe in interest-based mediation. They do not impose their views on parties. They assist parties in considering options for settlement. Mediation is assisted negotiation and negotiation involves risk management. Throughout their legal careers, our members have faced all the challenges and risks that lawyers face today in representing parties in settlement negotiations. As counsel, in the past, they acted for both plaintiffs and insurers.
Most of our Ontario panel members act as arbitrators. We also have access to a wide number of arbitrators throughout Canada and internationally. We can assist in appointing a single arbitrator or help with the appointment of an arbitral tribunal.
Our members offer the process of mediation/arbitration (med/arb). This process is used where parties specifically agree in writing by way of a Med/Arb Agreement, that they will first attempt a mediated settlement of the issues in dispute but agree that if there are any issues which cannot be resolved by mediation, then the mediator is empowered to become an arbitrator to decide the issues and render a final award of those issues.
Neutral Evaluation is a process whereby parties to a dispute can agree to ask one of our panel members to provide an opinion on the merits of their respective positions in a dispute. It is not offered to one side only. It is not a legal opinion. It is offered to both sides at the conclusion of the hearing and is a non-binding process.
Most parties to an arbitration before a single arbitrator agree that the Arbitral Award is final and binding. However, if parties to an arbitration decide in advance of the arbitration to mutually preserve a right of private appeal from the Arbitral Award, we can assist in the appointment of a Private Appeal Tribunal to conduct the private appellate hearing of the Arbitral Award. The award of the tribunal is then final and binding.