In many cases, the legal system is not the ideal place to solve disputes, particularly given the cost and time involved. At Cain Lamarre, whenever possible we turn to alternative dispute resolution methods to simplify the settlement of disputes and serve the interests of our clients in the best possible way.
Mediation consists of naming, by mutual agreement, a competent and impartial intermediary with no decision-making authority to guide and direct the parties in reaching a negotiated settlement. Since the final decision belongs to the parties, mediation, when successful, is a win-win situation. And even when it fails, the parties can still turn to the courts or go to arbitration.
Arbitration is similar to mediation, but the consequences are not the same. Arbitration consists of naming, by mutual agreement and outside the courts, a competent and impartial third party to hear the positions and arguments of each party and hand down a binding decision, in the same way as the courts do. The arbitration agreement signed in advance by both parties sets out the powers of the arbitrator.
In both cases, the cost and time involved are considerably less than with a court case.
Many of our professionals are duly accredited to act as mediators or arbitrators in disputes of all kinds.