Arbitrations and Mediations
There are two forms of dispute resolution which do not involve litigation before Courts of Justice:
I act in both types of situations.
As an Arbitrator, I act either alone or as one on a panel of three. The advantage of private arbitration is that it is quicker, and less expensive than litigation and sometimes of greatest importance, it is private and confidential.
In this capacity, I would assist both sales representatives and brokerages resolving their commission disputes internally, with other brokerages and with their own clients.
Commercially, the most common issue will be the determination of the new applicable rent during the next term of the Lease. The parties get along quite well, but have differing views about the new rent.
As the Arbitrator, it is necessary to act impartially and render a decision based upon the facts presented by the parties. In some cases, the parties will choose legal representation and in other cases counsel will not be engaged.
Ultimately, it is the role of the Arbitrator to make a decision.
The role of the Mediator is to effect compromise between the parties. It is effectively to negotiate a suitable settlement and ensure that both parties are fully informed. In some cases, both parties will have legal counsel, but in many situations, the parties are both anxious to reach a resolution.
One of the more common situations, is that of two neighbours dealing with a mutual driveway situation. In that regard, we have to deal with the issues of both documentation and usage of the area in contention over decades of time. Litigation can be unduly expensive, but if the parties are open to compromise, then a resolution may be achieved in a relatively short period of time.
If you have an interest in either arbitration or mediation, then please contact me.