Contract Dispute Resolution
Mediation & Arbitration
Disputes arising from contracts can disrupt your business operations, strain relationships, and lead to significant financial burdens. At DDR, we offer expert mediation and arbitration services to help businesses in Alberta, British Columbia, Saskatchewan, and Manitoba efficiently and effectively resolve contractual disagreements.
Our goal is to provide a clear path towards resolution, minimizing disruption and preserving valuable relationships wherever possible.
Resolution Paths
Mediation: A Collaborative Path to Resolution
Mediation is a voluntary and confidential process where a neutral third party – the mediator – facilitates communication and negotiation between the disputing parties. The mediator does not impose a decision but rather helps the parties identify their underlying interests, explore potential solutions, and work towards a mutually acceptable agreement.
Key aspects of mediation include:
Voluntary Participation: All parties must agree to participate in the mediation process.
Neutral Facilitator: The mediator remains impartial and does not take sides.
Confidentiality: Discussions and information shared during mediation are typically confidential.
Party-Driven Outcome: The parties themselves control the outcome and craft the final agreement.
Focus on Interests: Mediation often delves beyond the strict legal positions to understand the underlying needs and interests of each party.
Flexibility: The mediation process can be tailored to the specific needs of the dispute and the parties involved.
Mediation is often a cost-effective and time-efficient way to resolve contract disputes, allowing parties to maintain control over the outcome and potentially preserve ongoing business relationships.
Arbitration: A Binding Decision by a Neutral Expert
Arbitration is a more formal process where one or more neutral third parties – the arbitrator(s) – hear evidence and arguments from the disputing parties and then render a binding decision (an "award"). Unlike mediation, arbitration results in a final determination that the parties are legally obligated to follow.
Key aspects of arbitration include:
Binding Decision: The arbitrator's award is binding on the parties and legally enforceable (depending on the jurisdiction and agreement).
Neutral Decision-Maker: The arbitrator(s) are impartial professionals with experience in the relevant field.
More Formal Procedure: Arbitration typically follows a more structured process than mediation, often resembling a simplified court hearing.
Presentation of Evidence: Parties present evidence and arguments to support their positions.
Limited Grounds for Appeal: The ability to appeal an arbitration award is generally limited.
Arbitration can be a suitable option when parties need a definitive resolution to their contract dispute but wish to avoid the complexities and timeframes of traditional litigation. It offers a private and often more specialized forum for resolving commercial disagreements.
Med-Arb: Combining Collaboration with a Binding Outcome
Med-Arb is a hybrid dispute resolution process that combines elements of both mediation and arbitration. Typically, the process begins with mediation, where the parties attempt to reach a negotiated settlement with the assistance of a neutral mediator. If the mediation is unsuccessful in resolving all or some of the issues, the same neutral party (or a different one, depending on the agreement) then transitions to the role of arbitrator and makes a binding decision on the remaining unresolved matters.
Benefits of Med-Arb can include:
Encourages Settlement: The knowledge that unresolved issues will proceed to binding arbitration can incentivize parties to find a mediated solution.
Efficiency: If mediation is partially successful, arbitration is only needed for the remaining issues, potentially saving time and costs compared to separate processes.
Familiarity with the Issues: If the same neutral acts as both mediator and arbitrator, they will already have a deep understanding of the dispute.
Med-Arb can be a strategic option when parties are willing to attempt a collaborative resolution but also need the assurance of a final, binding outcome if mediation alone is not fully successful.
What you can expect:
We strive to make the contract dispute resolution process as clear and straightforward as possible. Here’s a general overview of what you can expect when you engage our services:
Initial Consultation: We begin with a confidential consultation to understand the nature of your contract dispute, your objectives, and the parties involved. This allows us to determine the most appropriate dispute resolution method (mediation, arbitration, or med-arb) for your specific situation.
Agreement to Proceed: Once we have a clear understanding, we will outline the proposed process, our fees, and the necessary agreements to formalize our engagement.
Preparation and Information Gathering: Depending on the chosen method, this stage may involve the exchange of relevant documents, the preparation of position statements, and preliminary discussions to establish the agenda and ground rules for the process.
- The Resolution Session(s) - Mediation: We will facilitate communication and negotiation in a neutral setting (physical or virtual), helping parties explore options and work towards a mutually acceptable settlement.
- Arbitration: We will conduct a more formal hearing where parties present evidence and arguments. Following the hearing, we will issue a binding arbitral award.
- Med-Arb: We will begin with mediation and, if necessary, transition to arbitration for any unresolved issues.
Finalization and Documentation: Once a resolution is reached in mediation, we will assist in documenting the settlement agreement. In arbitration, we will issue a formal award.
Follow-Up (as needed): We are available for follow-up to address any questions or concerns related to the resolution process.
Our commitment is to provide you with professional, impartial, and effective guidance throughout every stage of your contract dispute resolution journey.
Contact Us
We are happy to answer questions about our services, or about mediation and arbitration in general.
