Brent Rathgeber, QC

Arbitration & Mediation

ALTERNATIVE DISPUTE RESOLUTION (or ALTERNATE DISPUTE RESOLUTION / ADR)

The protracted delay and increased costs associated with litigation has resulted in an increased emphasis on settlement of disputes.  Different techniques have been developed to assist in the settlement process. ADR is a blanket term used to describe a variety of methods and techniques that serve as an alternative to formal litigation, including:

  • negotiation
  • mediation
  • collaborative process
  • arbitration
  • med-arb

All ADR techniques have one thing in common- they attempt to help people resolve disputes in a private, out of court, saving both time and money.

ADR supports four core premises:

  • Disputes should be resolved as quickly (and as early in the process) as possible;
  • Open communication and timely evaluation support amicable resolution;
  • Settlement by agreement is preferable to trial and/or judge ordered adjudication;
  • Out of Court Settlement promotes harmony and public peace, along with an efficient use of public resources.

ADR has many advantages over litigation including:

  • confidentiality;
  • reduced uncertainty (juries especially, can be highly unpredictable);
  • lower costs;
  • takes less time;
  • promotes ongoing relationship (family or business)

Effective September 1, 2019, Alberta Courts will not schedule a trial date unless the parties involved present satisfactory evidence of attempting and participating in a dispute resolution process (or have been exempted by the Court). As some form of ADR becomes mandatory, I can help you understand options available to assist you in dispute resolution.

Brent Rathgeber, QC