Fast and Fair - Choose the Right Dispute Resolution Method
Litigation is no longer the default mechanism for resolving a commercial or civil dispute. Today, the key issue for parties in dispute is choosing a process that is both fair and affordable.
The Law of ADR in Canada - An Introductory Guide explains all dispute resolution mechanisms available across Canada - including many not typically covered in other Canadian ADR texts. No matter where a dispute arises, you will be prepared for all options at hand in your jurisdiction. Discover when and how to use:
-Dispute review boards -Community and faith based dispute resolution
-Court annexed mediation
-Other related ADR methods
You will also learn:
-Which dispute resolution methods may be available in the future
-Legislation governing types of dispute resolution
-Questions to consider when facing a dispute, including:
If I can't obtain a settlement out of court, is litigation my only option?
What are the differences between mediators, arbitrators, and conciliators?
What types of community dispute resolution forums are available throughout Canada?
When does an agreement to arbitrate exist?
How can I ensure that an arbitral award is enforced?
How are pre-trial conferences conducted in each Canadian jurisdiction?
-Generic Arbitration Agreement
-Generic Mediation Agreement
-Select ADR bibliography
An Introduction to ADR for:
-Students of any course that provides an introductory look at ADR -Corporate counsel responsible for selecting resolution processes when disputes arise -Professionals in corporate public markets whose advice is sought on dispute resolution, including senior executives, credit managers, business advisors, engineers, accountants, and architects. -Large law firms seeking a comprehensive, cost-effective guide to ADR for articling students -Law and commercial libraries that maintain up-to-date resources on dispute resolutions
Table of contents
Chapter 1: Introduction
Chapter 2: Private Dispute Resolution
Dispute Review Boards
Community and Faith Based Dispute Resolution
Mandatory Arbitration and Consumer Contracts
International Commercial Arbitration
International Chamber of Commerce Arbitration
Chapter 3: Ombudspersons
Chapter 4: Apologies Legislation
Chapter 5: Public Alternative Dispute Resolution
Settlement and Pre-Trial Conferences
Court Annexed Mediation
Generic Arbitration Agreement
Generic Mediation Agreement
Select ADR bibliography