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Lyon Gilbert Mediation and Arbitration Services - Ottawa Mediation & Ottawa Arbitration

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Ottawa Mediation & Ottawa Arbitration 

     We also offer On-Line Mediation and Arbitration Services     

{using Zoom Web Meetings, both Secure & Confidential}      


ARBITRATION
Arbitration is the same as having a trial except it is not held in a regular courtroom, it is private and confidential, you get to choose your arbitrator ("judge"), you get to choose where and when it takes place and the ruling can be final and binding and is enforceable as any court judgment.


MEDIATION
Unlike arbitration, the parties get to make the decision. Mediation is a process whereby a mediator (a neutral person) chosen by the parties assists them to arrive at a negotiated resolution. Unlike arbitration, there is no "winner take all". There is no finite pie to divvy up and sometimes you can create additional value where "3+4= greater than 8". Mediation is also a good choice if you want to preserve the relationship between the parties.


MEDIATION/ARBITRATION

Here the parties meet with the mediator to attempt to resolve the dispute themselves but if they cannot and provided they continue to trust the mediator to remain neutral, the matter can be converted to an arbitration whereby the mediator (now arbitrator) makes the decision for them. It is like having double cream in your coffee.


EARLY NEUTRAL EVALUTION
Early neutral evaluation is used when one or both parties to a dispute seek the advice of an experienced individual, usually a lawyer or an expert in the field concerning the strength of their cases. An objective evaluation by a knowledgeable outsider can sometimes move parties away from unrealistic positions, or at least provide them with more insight into their cases' strengths and weaknesses. Of course, the success of this technique depends upon the parties' faith in the fairness and objectivity of the neutral third-party, and their willingness to compromise. It is best to use this process early on in the dispute.


SETTLEMENT CONFERENCES AND PRE-TRIALS
Most courts have judges or case management masters to conduct meetings with counsel and their clients to discuss the respective merits of the case and get an opinion on the likely outcome if the matter were to proceed to trial. Occasions arise where the parties engage outside experienced litigation lawyers with no ties to the case to perform the same function. The object of the exercise is to try to move the parties to a settlement and avoid trial once they have an outside opinion on the likely result. The opinion is not binding.


   MINI-TRIALS
The minitrial's greatest use is in resolving large-scale disputes involving complex questions of mixed law and fact, such as product liability and massive construction. Each party presents its case as in a regular trial, but with the notable difference that the case is "tried" by the parties themselves, and the presentations are dramatically abbreviated. Lawyers and experts present a condensed version of the case to top management of both parties. Often, a neutral adviser—sometimes an expert in the subject area—sits with management and conducts the hearing. After these presentations, top management representatives—by now more aware of the strengths and weaknesses of each side—try to negotiate a resolution of the problem. If they are unable to do so, they often ask for the neutral adviser's best guess as to the probable outcome of the case. They then resume negotiations. The key to the success of this approach is the presence of both sides' top officials and the exchange of information that takes place during the minitrial. Too often, prelitigation work has insulated top management from the true strengths and weaknesses of their cases. Mini-trial presentations allow them to see the dispute as it would appear to an outsider and set the stage for a cooperative settlement.



COUNT ON LYON GILBERT & OUT OF COURT FOR EXPERTISE IN ALL TYPES OF ALTERNATIVE DISPUTE RESOLUTION (ADR)

WE OFFER ARBITRATION, MEDIATION, MEDIATION-ARBITRATION, EARLY NEUTRAL EVALUATION, SETTLEMENT CONFERENCES, PRE-TRIALS, MINI-TRIALS& SPEEDY TRIALS.



ADR

PEOPLE HELPING PEOPLE. Although ADR stands for Alternative Dispute Resolution, it is really about people helping people and people helping themselves using alternative tecniques and processes to resolve conflict and disputes.  Arbitration, Mediation, etc. are just two of several processes to assist parties in moving towards resolution. It must be rememberd that these processes are voluntary in nature, meaning that the parties have to agree to submit their disputes to a neutral third party and they cannot be imposed unless there are written agreements obliging you to do so or unless they are part of court mandated programs.
So when considering submitting your dispute to a dispute resolution professional, make sure that you do your homework and
first check out their credentials.
The following pages will provide you with additional information which we trust you will find useful.

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