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Stack & Associates
Stack & Associates
Stack & Associates
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Alternative Dispute Resolution
Not every legal matter must be decided in a formal courtroom setting. In fact, certain matters are better dealt with in the absence of the judicial system. Our lawyers can assist you in finding the dispute resolution process that is right for you. The following are some well-known examples of alternative dispute resolution processes:
  • Negotiation
  • Mediation
  • Arbitration
Negotiation
Negotiation is a discussion between two or more parties aimed at solving a dispute. At Stack & Associates, we spend a great deal of time and effort negotiating the settlement of our clients’ disputes, from personal injury claims to matters of custody and child support. Many of our clients never see the inside of a courtroom, and we constantly strive to keep it that way.

Mediation
Mediation involves presenting opposing views of a dispute to an impartial third-party who assists the parties in reaching their own resolution. The third-party, or “mediator”, has no authority to impose a settlement or reach his/her own conclusion in the matter. Rather, the mediator facilitates discussion between the parties as a means of arriving at a consensual settlement of affairs.

Throughout our firm’s history, our lawyers have represented clients at numerous mediation sessions. Our associates have acted as mediators before the Provincial Court of Newfoundland and Labrador, Small Claims Division, and the Human Rights Commissions of Alberta and British Columbia. We have also presented our clients’ claims before mediators in complex personal injury cases.

Arbitration
Arbitration is a hybrid of mediation and formal litigation. While the parties present their arguments to an impartial third-party decision-maker, the parties are free to choose the forum of the hearing, the identity of the mediator, and the parameters of the mediator’s decision-making power. Arbitration is often utilized to resolve disputes in the areas of administrative law, labour and employment law, and commercial law.


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Stack & Associates