Mediation and Arbitration

Mediation and Arbitration

Mediation is one way for people to settle disputes outside of court. In mediation, a neutral third party (the mediator) helps the disputing parties resolve the conflict. A mediator, unlike a judge, does not decide the case or impose a resolution. The mediator's role is to help the people involved in the dispute to communicate and negotiate with each other in a constructive manner and to find a resolution based on common understanding and mutual agreement. Mediation allows for creative solutions to disputes in a way that is not possible at a trial. In Ontario, Rule 75.1 requires all parties involved in estate disputes in the cities of Toronto or Ottawa to attend at a mandatory mediation session. Where not mandatory, parties frequently attend mediation sessions voluntarily. Mediation allows for a quick, cost effective, creative and private way of resolving an estate dispute.

Arbitration is a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator or arbiter) for resolution.

Brian Schnurr has acted as mediator on numerous occasions. Brian Schnurr and Felice Kirsh are available to conduct mediations. Parties are invited to contact our Alternative Dispute Resolution Co-ordinator, Kirandeep Kahlon, at 416-860-1057 or by  e-mail for more information.