Mediations, Arbitration and Adjudication

Mediation and Arbitration are rapidly growing areas of practice in the profession in general and for Bennett Grant LLP, in particular.

Alternative Dispute Resolution (ADR) compares favourably to traditional civil litigation. Firstly, ADR alternatives tend to be faster and less expensive than litigation. Secondly, since ADR is less adversarial than litigation, it tends to preserve ongoing relationships. Thirdly, mediation and collaborative dispute resolution allow the parties to craft their own resolutions to the conflict. In disputes involving more than money, negotiated solutions tend to be more satisfying for the parties. Fourthly, arbitrations allow parties to resolve their dispute without airing their dirty laundry or confidential information in public.

The demand for ADR is particularly strong in the Region of Waterloo where a shortage of judges have exacerbated the traditional disadvantages of litigation.

Disputes arising from construction contracts with the owner signed after October 1, 2019, and related subcontracts may be referred to adjudication. Ted Dreyer has been certified by the Ontario Dispute Adjudication for Construction Contracts (ODACC) as an adjudicator for the purpose of the Construction Act.