Greenspoon Winikoff S.E.N.C.R.L., LLP
Scotia Tower, 1002 Sherbrooke Street West, Suite 1900
Montreal QC H3A 3L6
The proven Montreal alternative dispute resolution lawyers at Greenspoon Winikoff have experience resolving cases in multiple industries using methods of alternative dispute resolution such as mediation and arbitration in Canada. Montreal alternative dispute resolution attorneys are knowledgeable in all areas of general alternative dispute resolution law, including but not limited to civil appeals in Montreal, Quebec. Clients will have the confidence of knowing that their case is being handled by an experienced and knowledgeable Montreal alternative dispute resolution lawyer.
Alternative dispute resolution (ADR) is an approach or means for resolving disputes outside the judicial system, commonly in the form of arbitration or mediation. ADR can also include negotiation, collaborative law and conciliation. Mediation is considered among the least formal alternatives to litigation that involves a panel or impartial third party (typically consisting of a group of qualified attorneys or retired judges experienced in negotiations) that intervenes to reach a settlement of the dispute.
The Montreal alternative dispute resolution attorneys have experience representing clients in cases involving:
The terms “arbitration” and “mediation” are sometimes used interchangeably, but this mixing of terminology is careless and inaccurate. While the mediator suggests possible solutions to the disputing parties, the arbitrator makes a final decision on the labor dispute which is binding on the parties.
The Montreal arbitration lawyer adheres to the process of arbitration, which is the procedure by which parties agree to submit their disputes to an independent neutral third party, known as an arbitrator, who considers arguments and evidence from both sides, then hands down a final and binding decision. This alternative, which can be used to adjudicate business-to-business, business-to-employee, or business-to-customer disputes, can utilize a permanent Montreal arbitrator, an independent Montreal arbitration lawyer selected by the two parties to resolve a particular grievance. A board of arbitrators can also be used in a hearing.
In contrast to arbitration, Montreal mediation lawyers utilize a process whereby the parties involved utilize an outside party to help them reach a mutually agreeable settlement. Rather than dictate a solution to the dispute between labor and management, the mediator—who maintains scrupulous neutrality throughout—suggests various proposals to help the two parties reach a mutually agreeable solution. In mediation, the various needs of the conflicting sides of an issue are identified, and ideas and concepts are exchanged until a viable solution is proposed by either of the parties or the Montreal mediator. Rarely does the mediator exert pressure on either party to accept a solution. Instead, the Montreal mediation lawyer’s role is to encourage clear communication and compromise in order to resolve the dispute. Mediation can be a tremendously effective tool in resolving disputes without destroying business relationships. It allows parties to work toward a resolution out of the public eye (the courts) without spending large sums on legal expenses.
The Montreal alternative dispute resolution attorneys at Greenspoon Winikoff are distinguished by a history of successful alternative dispute resolution claim recoveries. If you or your organization has received an unfavorable ruling in a prior trial, contact the Montreal alternative dispute resolution lawyers at Greenspoon Winikoff in Canada.