What this practice covers
Drury uses negotiation, mediation and arbitration where those processes fit the dispute. Alternative dispute resolution is not simply a softer version of litigation; it is a different way to structure information, risk and decision-making. In the right case it can provide privacy, speed and greater control over process.
Negotiation
Direct or counsel-to-counsel discussions supported by a clear factual record, realistic legal positions and carefully drafted settlement terms.
Mediation
A neutral mediator assists the parties in exploring resolution while the parties retain control over whether an agreement is reached.
Arbitration
A private adjudicative process in which an arbitrator decides agreed issues, subject to the governing legislation and any available appeal rights.
Hybrid processes
Mediation-arbitration and other structured processes where the rules are established in advance and tailored to the dispute.
Settlement documentation
Minutes of settlement, separation agreements, releases and other documents intended to make the resolution complete and enforceable.
Process selection
Choosing a process based on urgency, disclosure, power imbalance, privacy, cost, need for a binding result and the parties’ ability to negotiate safely.
How the dispute is framed
The best settlement process is the one that matches the problem. A case with incomplete disclosure may need procedural steps before mediation is productive. A dispute requiring a binding decision may be better suited to arbitration. A case with a narrow commercial issue may resolve through focused negotiation. Process should follow the needs of the file.
Alberta and Ontario
Family arbitration is regulated and must comply with statutory requirements in the province where it takes place. Civil and commercial ADR can also be shaped by contract terms, court rules and the parties’ agreement. Independent legal advice and careful drafting remain important when a settlement is intended to be final.
Questions clients often ask
Is mediation binding?
The mediator does not impose a result. A settlement becomes binding when the parties reach and properly document an agreement, subject to the legal requirements that apply.
Is arbitration the same as mediation?
No. A mediator facilitates negotiation; an arbitrator decides the issues submitted for determination.
Can we mediate after a court case has started?
Yes. Mediation can occur before or during litigation and is often more productive once disclosure and the disputed issues are clear.
When is settlement not appropriate?
A negotiated process may be unsuitable or require safeguards where there is urgency, serious power imbalance, incomplete disclosure, safety concerns or a need for immediate binding relief.