In many instances parties prefer a process that can conclusively resolve a dispute. Arbitration can provide an early and cost effective resolution of most matters, using a process that can be designed to meet the needs of the parties. Arbitration can be final and binding, either through the use of an arbitration clause in an existing agreement, or through an arbitration agreement, agreed to by the parties after a dispute arises.
After an arbitration hearing is requested, Agree will determine what kind of substantive expertise the parties require in an arbitrator to assist them to resolve their dispute. If we do not have someone with the expertise required, we will provide a referral to a professional colleague who does.
Agree follows the National Arbitration Rules (“NAR”) of the ADR Institute of Canada. The arbitrator(s) will sit down with the parties at a Pre-hearing Meeting, to discuss the procedural issues surrounding the case and to come to an understanding about disclosure, the exchange of position papers or pleadings and other matters to ensure an efficient and orderly hearing. Any necessary procedural orders will be made at that time.
In some instances parties wish to have an opportunity to explore settlement while ensuring that a process is in place to obtain a third party decision where necessary. Final Offer Selection, Med-arb and Arb-med are all processes that Agree has used to good effect in resolving complex commercial matters for clients.
The Next Best Step: We invite you to call our office to discuss if arbitration is an appropriate course of action – 1-800-524-6967.
Conflict System Design is a process for designing or redesigning the system by which a conflict management system goal is to design and implement a “better” system for dealing with conflict in that environment. Agree works with the stakeholders to understand the present system and then applies key design principles to develop a more effective system.