Difference between revisions of "Resolving Disputes Without Going to Court"

{{REVIEWEDPLS | reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company|date= March 2018}} {{Dial-A-Law TOC|expanded = courts}}

===There are ways to resolve disputes without going to court===

'''Alternative dispute resolution''', or ADR, is an umbrella term to describe alternatives to going to court. The four most common alternative ways to resolve legal disputes are:

These options often work best at an early stage of a dispute. The more time that goes by, the more likely it is that you and the other person will each believe you’re right and the other person is wrong. Once you become stuck or entrenched in your positions, and ignore the common interests you may have, it’s harder to reach a solution you can both accept.

===Negotiation involves discussing issues to try to reach an agreement===

===Mediation involves a neutral person helping the parties agree===

===Collaborative practice features negotiating a settlement collaboratively===

'''Collaborative practice''' is a kind of negotiation where the parties seek an agreement that suits everyone, agree to disclose all relevant information, and commit to keeping their dispute out of the courts.

Collaborative negotiation is an effective process for moving past conflict to resolution — even if you’ve tried other ways to come to an agreement. It also gives you emotional support and legal guidance. And it’s more private than going to court (court documents are public, but your collaborative agreement is not).

===Arbitration involves hiring a neutral person to decide the issues===

With '''arbitration''', the people in a conflict hire a neutral person (an '''arbitrator''') to make decisions about their dispute they will be bound by. The arbitrator listens to the evidence each party presents and decides the issues.

Before arbitration begins, you and the other person must decide if you can still go to court if you don’t like the arbitrator’s decision. This may depend on the law that applies to your problem. Usually, you cannot go to court later if you’re unhappy with the arbitration result.

===A lawsuit is underway. Can we still try alternative ways to resolve our dispute?===

===Are there situations where ADR is not a good idea?===

===Finding a mediator or arbitrator===

The '''ADR Institute of BC''' can direct you to a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. Visit [https://adrbc.com/ adrbc.com] or call 604-736-6614 in Vancouver and 1-877-332-2264 elsewhere in BC.

Organizations related to a specific business, product or service may also offer alternative dispute resolution services. For example, the [http://www.camvap.ca/ Canadian Motor Vehicle Arbitration Plan] has an arbitration program for disputes between consumers and vehicle manufacturers about alleged manufacturing defects or new vehicle warranties. If you have a complaint involving a business, the [https://www.bbb.org/ Better Business Bureau] offers both mediation and arbitration.

===Finding a collaborative practitioner===

Visit the '''BC Collaborative Roster Society'''’s website at [http://www.bccollaborativerostersociety.com/ bccollaborativerostersociety.com] and search for collaborative lawyers nearby.

The '''Collaborative Association'''’s website at [http://www.nocourt.net/ nocourt.net] features a list of participating professionals.

In Victoria, contact the '''Collaborative Family Separation Professionals''' for the name of a member lawyer. Visit [http://www.collaborativefamilylawgroup.com/ collaborativefamilylawgroup.com].

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