Hummingbird Law Firm - Mediation & Arbitration Lawyers in Toronto

Economical Decisions and Rapid Settlement, Mediation and Arbitration are great avenues for settling matters.

Some disputes are best settled out of court. At Hummingbird LLP, we apply alternative mediation and arbitration techniques where appropriate, to bring about efficient and sustainable resolutions to complex disputes. Acting as mediators, as arbitrators, or as counsel, we ensure that both parties are able to agree to the final settlement, avoiding the substantial legal fees that can result from lengthy court proceedings.

The Mediation process

Mediation, arbitration, or med/arb, is a process by which the parties try to mediate their dispute with a neutral person, the mediator.

If they cannot agree on a resolution, then the mediator becomes an arbitrator. The parties present their evidence and make their arguments to the arbitrator and he or she then makes a decision that is legally binding on the parties.

Knowing that the process will ultimately result in a binding decision often inspires parties to take their negotiations in a mediation more seriously, and strive harder to reach a consensual resolution.

However, some people are uncomfortable having a mediator, who may have confidential information about the parties’ positions, turn into a decision-maker who rules on the rights of the parties. An arbitrator is required to make the decision based only on evidence presented in the arbitration proceeding, and not on any confidential or other information received while acting as a mediator.

The parties to a mediation, arbitration process must be screened for domestic violence and power imbalances at some point before the arbitration.

Normally the person who mediates also does the screening, unlike in a pure arbitration, in which the screening is done by someone other than the arbitrator. The arbitrator must certify that the parties have been screened.

The parties must have independent legal advice at some stage before the arbitration; normally this would be provided when the mediation/arbitration agreement is signed.

The mediation/arbitration agreement is itself an arbitration agreement to which the new rules apply, as set out above.

Our full suite of Mediation & Arbitration Lawyer Services

  • Commercial Landlord and Tenant Disputes
    • Lease Disputes
    • Defaults and Collections
    • Rent Issues
    • Operating Cost Disputes
    • Realty Tax Issues
  • Commercial Real Estate Disputes
    • Purchase and Sale Agreements
    • Mortgage Enforcement
    • Financing Disputes
  • Construction Liens issues and Construction Disputes
  • Partnership, Co-ownership and Shareholder Disputes
  • Bankruptcy, Insolvency and Restructuring

Contact Darren Smith for more information about our mediation and arbitration services.