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Dispute
Resolution ("DR") refers to any means of settling disputes outside
of the courtroom. DR typically includes arbitration (Note:
1), mediation (Note: 2), early
neutral evaluation (Note: 3), and conciliation.
As burgeoning court queues, rising costs of litigation, and time delays
continue to plague litigants, DR is becoming an attractive alternative.
The two most common forms of
DR are arbitration (Note: 1)
and mediation (Note: 2).
Arbitration has long been used in labour disputes, but is now gaining
popularity in other personal and business disputes.
(Note:
1)
Arbitration:
A dispute resolution mechanism, whereby an independent neutral third party
is appointed to hear and consider the merits of the dispute, and who renders
a final and binding decision called an award.
(Note: 2)
Mediation:
An alternate dispute mechanism whereby the mediator acts as a facilitator
assisting the parties in coming to a mutually agreed settlement. Under the Bankruptcy and Insolvency Act, mediation can be used,
for example, if a creditor or the Trustee opposes a bankrupt's discharge.
(Note: 3)
Neutral Evaluation:
A process in which parties obtain from an experienced (and possibly expert)
neutral third party a non-binding, reasoned evaluation of their case on
its merits.
Dispute
Resolution |