The Alternative Dispute Resolution Institute of Canada (ADRIC)
has recently announced its intention to
launch new Med-Arb rules, Med-Arb designation and accreditation
criteria and Med-Arb templates at its Annual National Conference in
Victoria, BC on November 20-22, 2019. This article discusses
Med-Arb as a process and comments on the proposed reforms.
The Mediation Process
In mediation, parties attempt to negotiate an acceptable
solution to a dispute with the assistance of an independent person.
The mediation is confidential between the parties and the mediator.
Crucially, it is for the parties involved in the dispute to decide
the terms of any agreement. The mediator is impartial and is there
to assist them, not to take decisions in respect of their dispute.
The parties control the process and can walk away if they want to.
Only if agreement is reached, is a binding result achieved.
