Mediation

Mediation is a form of alternative dispute resolution.

Our goal in mediation is to help parties work towards a mutually acceptable solution to their dispute. Our strategy is to shift the focus from areas of disagreement to areas of mutual concern. Mediation provides a process in which various solutions are suggested and explored in a climate of co-cooperation.

Mediation is a co-operative, problem solving process in which a neutral third party (the mediator) assists parties in working out their own, mutually acceptable terms of resolving their dispute.

Even though the conflict between the parties may be very emotional or complex, it is expected that the parties will come to mediation with an honest desire to reach a settlement that is fair to both and workable in practice.

The participants in mediation must be prepared to be flexible in seeking solutions which meet as many of their mutual interests as possible, and it is the job of the trained mediators at Fader Furlan Moss LLP to ensure that that happens.

The mediator is an impartial third party who remains neutral and has no personal interest in the final outcome of the dispute. The mediator is a facilitator who assists the parties to negotiate their own terms of settlement.

James Pratt has years of experience in mediation with a great deal of success in resolving disputes for clients.

Arbitration

Arbitration is another form of alternative dispute resolution. An arbitrator is a neutral third party chosen by parties to make a decision concerning a matter of dispute between them. In many respects the arbitrator is like a private judge hired by the parties to make a decision on their dispute. Normally the parties agree that the decision of the arbitrator is final. An arbitrator’s decision can be filed with the Superior Court and has the same force as a decision of a Superior Court Judge.

Arbitration can be a fast and cost effective alternative to the court system for disputes of $25,000.00 to $50,000.00 though Arbitrator’s have decided disputes for much higher amounts.

Arbitrations are used in business disputes, commercial tenancy disputes, estate law disputes and family law disputes to name a few. As a rule arbitration is less expensive than litigation through the normal court system and can be much faster. It can take only a few months to go from the decision to use an arbitrator through to receiving the arbitrator’s final decision.

James Pratt is an arbitrator certified by the Arbitration and Mediation Institute of Ontario.