Canadian Dispute Resolution Law
Canadian Dispute Resolution Law ("DR") refers to any means of settling disputes outside of the courtroom. DR typically includes arbitration (Note: 1), mediation (Note: 2), early neutral evaluation (Note: 3), and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, DR is becoming an attractive alternative.
The two most common forms of Canadian Dispute Resolution Law are arbitration (Note: 1) and mediation (Note: 2). Arbitration has long been used in labour disputes, but is now gaining popularity in other personal and business disputes.
A dispute resolution mechanism, whereby an independent neutral third party is appointed to hear and consider the merits of the dispute, and who renders a final and binding decision called an award.
An alternate dispute mechanism whereby the mediator acts as a facilitator assisting the parties in coming to a mutually agreed settlement. Under the Bankruptcy and Insolvency Act, mediation can be used, for example, if a creditor or the Trustee opposes a bankrupt's discharge.
A process in which parties obtain from an experienced (and possibly expert) neutral third party a non-binding, reasoned evaluation of their case on its merits.
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