FAQ

Frequently Asked Questions


How much does an arbitration or mediation cost?
This really depends on the complexity of the case. We offer flat fee or hourly billing options. We usually canvass the parties before providing a timeline or a quote for costs. Some cases take two hours, some take multiple days.

Do I need a lawyer to enter arbitration or mediation?
No, this is not a requirement. However, as an arbitrator or mediator, we cannot provide legal advice to either party.

Can I force the other party to arbitration or mediation?
For mediation, you cannot ever force the other party, but rather can only encourage the other party to participate. The same applies for arbitration, but often contracts have mandatory arbitration clauses and the courts will order that arbitration must occur before it can be heard by the court.

How binding is mediation or arbitration?
Mediation can be binding or non-binding - it is up to you. Arbitration is as binding as a court order.

Should the arbitrator or mediator be a lawyer?
It is not a requirement, but many disputes benefit when the arbitrator or mediator have certain legal knowledge and background. We cannot provide legal advice as an arbitrator or mediator, but we can provide information to assist in the discussion. 

How long does the arbitration or mediation process take?
This really depends on the complexity of your case.

What are the rules for mediations or arbitrations?
This is essentially up to the parties. We discuss what the rules will be before the mediation or arbitration begins. An advantage is that the arbitrator or mediator are not bound by the usual rules of evidence of the courts. Arbitrators may be bound by the Alberta Arbitration Act in some instances. At our firm, we have basic rules, such as respect, no yelling or abusive language, speak one at a time, etc. We will go over these with you.

Who pays the cost of the arbitration or mediation?
Sometimes parties choose to share the cost. Sometimes they put this question in the arbitrator or mediator's hands. We usually ask for a deposit before engaging in an arbitration or mediation. We offer both flat fee and hourly billing options.

Where will the arbitration or mediation be held?
They can occur wherever the parties want, and where the arbitrator or mediator can facilitate the meeting.  

What is a mediation/arbitration (Med/Arb)?
It is possible, if agreed upon by the parties beforehand to begin in mediation and attempt to come to a resolution, but if the parties cannot come to an agreement on any issues, then the mediator switches hats and runs an arbitration on the issues and writes a final and binding award. We recommend that the parties have legal counsel when dealing with certain issues such as matrimonial property or spousal support.

What happens if the other party does not honour the agreement or the award/decision?
There is recourse available in many instances. It is best to speak to a lawyer about your options.

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