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ARTICLE · 02 DECEMBER 2022

Alternative Dispute Resolution Takes Centre Stage In Commercial Disputes

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There has been an uptick in the use of alternative dispute resolution (ADR) methods like arbitration and mediation in commercial disputes over the last few years, a trend catalyzed...

CanadaLitigation, Mediation & Arbitration
Richard Coombs
Richard Coombs
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There has been an uptick in the use of alternative dispute resolution (ADR) methods like arbitration and mediation in commercial disputes over the last few years, a trend catalyzed by COVID-19. Senior associate Rachael Saab sat down with Lexpert to discuss this trend.

In her experience, parties on both sides of a dispute like being able to resolve disputes within a set timeline that corresponds better to commercial reality.

"The use of ADR generally produces a resolution more quickly than using a court system that can be backlogged," Rachael said.

Rachael told Lexpert that she's seeing more mandatory arbitration clauses built into contracts as an agreed-upon way of settling any potential disputes before they happen, even though the arbitrator's decision is generally final, with few avenues of appeal or review.

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