The Ontario Rules of Civil Procedure require mandatory mediation in estates, Trusts and substitute decision disputes in which the parties have commenced court proceedings. The Ontario Government has defined a mediation as a way for people to settle disputes or lawsuits outside of court. In mediation, a neutral third party – the mediator – helps the disputing parties look for a solution that works for them. Mediations are referred to as a form of alternative dispute resolution.
Arbitration is also a form of alternative dispute resolution. The difference between a mediation and arbitration in Ontario practice, is that a mediation is not binding, the mediator works to bring the parties together, thereby avoiding the need to have a result imposed upon them, which is the case with an arbitration, a form of private hearing outside of Court, in which the arbitrator acts as a private judge, and a court hearing itself. Experienced mediators and arbitrators can greatly assist parties in estates, Trusts and substitute decision disputes. A skilled mediator can temper the dispute in ways in which a court cannot, or will not. A skilled arbitrator can expedite and thereby reduce the stress and costs of a full court hearing.
Many of our lawyers are skilled in representing clients in mediations and arbitrations. In addition, we have two of the most senior and respected mediators and arbitrators in Ottawa ready to assist our clients.