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Introduction Of Alternative Dispute Resolution



Alternative dispute resolution is the trend of the 21st century unless the State and Federal Judiciaries take measures to make the courts more accessible through the use of internet filing and service of process, video conferencing, and expedited jury trials. You can get more information about the best dispute resolution services via https://stat11.ca/dispute-resolution-services/.

Also, repeal or amendment of the federal arbitration act is indicated if the general population is to continue to believe in the Canadian concept of equal access to justice.

Mediation is an informal process. The parties usually meet in the mediator's offices, and each occupies a separate conference room. It has become customary in my mediations in Canada that the parties do not even see each other during the day. 

Instead, the mediator shuttles between them, stating to each the weaknesses and occasionally the strengths of their positions. However, the mediator is the voice of reason and dispassionate analysis. 

Arbitration is a formal process, but in my experience, not as formal as a courtroom, and with a refreshing degree of flexibility in fashioning the way the case is presented. Much of that flexibility depends on the individual arbitrator. 

Rules of evidence still apply, but arbitrators are more likely to allow evidence, subject to assessing its weight and credibility. However, the arbitrator is hired by the parties to conduct the arbitration according to the terms of the arbitration agreement, which may set forth strict procedural requirements. 

Most significantly, the arbitrator is accessible before the arbitration, often by conference call, to manage the case as it proceeds to hear. The arbitrator in this way can quickly hear the arguments and decide a motion or resolve a discovery dispute, thereby keeping the case on track.