Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is an alternative to litigation for both personal and business matters. Through mediation or arbitration, issues are resolved outside the courtroom. Not only is this more efficient and cost effective, ideally it can preserve relationships and reputations. ADR is typically used in commercial disputes, divorce, and wills/estates resolution, but can also be applied to other types of disputes.
Hawco Peters’ highly qualified team marries legal, accounting and business expertise to take you through the ADR process, resulting in a 97% dispute resolution success rate with our clients. Traditional litigation is costly, lengthy and can destroy reputations and relationships. Sometimes all it takes is a different approach.
Sometimes it just takes a different approach
Traditional litigation is costly, lengthy and can destroy reputations and relationships. Sometimes all it takes is a different approach. Alternative Dispute Resolution (ADR) is an alternative to litigation for both personal and business matters. Through mediation or arbitration, issues are resolved outside the courtroom. Not only is this more efficient and cost effective, it preserves relationships and reputations. ADR is typically used in commercial disputes, divorce, and wills/estates resolution, but can also be applied to other types of disputes.
Mediation refers to both parties reaching a mutual agreement through facilitated sessions with a certified professional. Arbitration is similar to a judicial process in that a qualified arbitrator makes the decision, called an award, which is similar to a court order. Both processes happen outside of the Court.
Hawco Peters has a 97% dispute resolution success rate with our clients.
We help streamline the process to save you time, money and grief. We want to help you get your best possible outcome, and just as importantly, get you back to your business and your life.
Extensive experience, impressive results
Hawco Peters’ lead Arbitrator and Mediator is a former Alberta Court of Queen's Bench judge who retired in 2018 after 23 years on the bench. With his deep knowledge and experience, you can be fully confident that any decision made would have a similar outcome in a formal Court process - but taking far less cost, time and frustration.
Our 97% dispute resolution success rate is the result of this strong leadership, supported by a team with extensive experience in both accounting and law.
Avoid litigation, save time and money
Alternative Dispute Resolution will help you avoid costly litigation, lost time and irretrievably damaged reputations and relationships.
Hawco Peters’ dispute resolution team is led by a highly experienced litigator/arbitrator. With extensive and complementary backgrounds in law, accounting and business, our team will successfully facilitate a confidential, negotiated resolution to help you avoid litigation.
The journey to resolution
Hawco Peters follows a defined and rigorous process to ensure fairness and best outcomes.
1. Planning and preparation:
We kick things off with a meeting involving both parties. The goal of this meeting is to get a sense of both parties’ needs and the broader financial and legal issues at hand. We’ll also explain the nature and scope of our engagement and provide a detailed overview of our process. If both parties agree to move forward, a fixed fee and timeline will be determined.
2. Discovery and understanding:
All financial, business and legal information is gathered and reviewed. Then separate meetings with each side are facilitated. The purpose of these meetings is to understand individual needs without judgment or defensiveness from the other side. Next, expert reports are created and shared with you. These reports shed light on your rights and obligations, while fostering a shared understanding of both sides’ positions, interests and needs. Ultimately, they lay the groundwork for a workable solution.
3. Negotiation and mediation:
All parties come together. A negotiated, resolution process with a former Justice takes place that sets out agreed and contested facts as well as the expert reports, supported by relevant documentation. Common ground, mutual agreement and a final resolution are determined — and a settlement agreement is executed. If one or more issues are unresolved, the parties will engage in binding arbitration with the same former Justice. Either way, a final outcome is reached.
4. Resolution and closure:
Regardless of whether the dispute is resolved through negotiation or arbitration, it is permanently resolved. A written agreement is produced that is fair and agreed upon by all parties involved. If a court file had previously been opened, we can even file the agreement on your behalf. Which means you can put the dispute behind you and move on with your life.
Frequently Asked Questions
Mediation is a facilitated process whereby the parties reach their own agreement. Arbitration is a dispute resolution process outside of the court whereby an arbitrator, instead of a judge, makes a final, legally enforceable, decision.
Usually, the cost of ADR is less than a trial. Lawyers are often engaged in the process but are not necessary. Arbitration will typically cost more than mediation as the process can be more formalized, similar to a trial.
No, in mediation all parties must mutually agree upon the mediator.
A better, Cost-Effective Way To Transition
If you are experiencing growth, transition or crisis in your business, or dealing with business or family disputes, it can feel overwhelming. Don’t shoulder the burden alone. With decades of legal and financial expertise, Hawco Peters provides strategic business intervention and dispute resolution services that are faster, less expensive and less stressful than going to court.
We are here for you! Get in touch with us below or call us at (403) 829-1933 and let us help your business!
