Because of the inherent cost and risk of litigation, many individuals are turning to other means of dispute resolution. Expensive and bitter disputes have different and often much more satisfying outcomes for people who seek these alternative means of resolving their disputes.
Mediation involves the parties coming together with a trained mediator who is skilled in assisting the parties to find a mutually satisfactory solution - the win - win model. Following this process, the mediator helps the parties identify the interests that underlie the positions parties traditionally take and fight so hard to win. The negotiation then focuses on achieving the solution that best fits both parties' interests. The result is a win - win, not a win - lose.
Collaboration is somewhat like Mediation but in this case, each party has their own lawyer present for the negotiations. The lawyers control the process while the parties control the outcome. Again, it involves interest based negotiation where collaborative lawyers assist their clients in identifying their own interests and their mutual interests and then help them obtain a solution that works for both parties. This model is ideally suited to family and matrimonial disputes because it allow the parties to avoid the bitter acrimony and animosity that so often accompanies such disputes.
For more information on Alternative Dispute Resolution, contact Lawrence Maclean, Q.C., Derek Redman, Q.C., Roy Davidson or Kelly Christie.