Frequently Asked Questions

Does adr Private Court offer a legally recognized form of conflict resolution?
Absolutely.Provincial legislation gives ADR Private Court decisions the same weight of law as decisions handed down in the public court system.

What’s the difference between mediation, arbitration and med-arb?
In a mediation, the parties seek a mutually acceptable resolution of their conflict. The mediator guides and facilitates this process. An arbitration works more like a traditional court case. The arbitrator hears both sides of a case and then makes a judgment. A med-arb is a hybrid form of the two processes. It begins as a mediation which, if unresolved, converts to an arbitration.

What type of disputes can be resolved through adr Private Court?
ADR Private Court can decide virtually any civil (non-criminal) dispute. These include matters concerning:

Real Estate
Commercial Landlord and Tenant
Condominium Rights and Obligations
Wills and Estates
Products' Liability
Partnership Agreements
Mechanic Liens
Employment Issues
Wrongful Dismissal
Professional Matters
Commercial Disputes
Insurance Coverage and Claims

Do I need a lawyer?
No - but if you decide to represent yourself, you must consult a lawyer and sign the ADR Private Court Informed Consent Form. Most people do however prefer to have legal counsel at the hearing. The cost of the lawyer would be in addition to the ADR Private Court fees.

How long will it take to receive an arbitration decision?
ADR Private Court guarantees a written decision to all arbitrations within three weeks. For a premium, fast-tracked decisions can be delivered in one week or three days.

Is an adr Private Court arbitration decision binding?
Yes – unless parties agree in advance to non-binding arbitration.

Can an adr Private Court arbitration decision be enforced?
Yes. ADR Private Court arbitration decisions are every bit as enforceable as a judge’s decision from the public court system. ADR Private Court gets its authority through provincial legislation.

Can I appeal the arbitrator’s decision?
You can - as long as all parties agree before the hearing to allow appeals. In that case, appeals would be heard by a Supreme Court judge in the public system.

Who pays?
ADR Private Court fees are normally split equally amongst the parties involved. However, parties can work out other arrangements before the proceedings begin. Occasionally, the arbitrator or mediator will stipulate a different payment arrangement in his decision. Lawyers hired to represent parties are not covered in the ADR Private Court fees.

Why should I pay to use ADR Private Court when I can have my case heard for free in the public court system?
That's a good question. ADR Private Court isn't right for every legal matter. If, for instance, your dispute involves $25,000 or less, the public Small Claims court is probably a better option. There's only a minimal court fee to have your case heard and the process is quick and efficient, although not confidential. (You can find out more about the small claims process here.) For matters which concern more money or are time-sensitive, however, ADR Private Court would almost always be the less expensive option. The public legal system, while 'free', requires parties to follow numerous procedures before getting to court. Legal fees and the loss of productive time during the years leading up to the court date would likely add up to much more than the cost of an ADR Private Court hearing.


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