LawDB.ca
Going to trial is slow and costly, so many Alberta disputes are resolved another way. Mediation and arbitration are the two main options, and choosing between them depends on how much control you want to keep.
Mediation
In mediation a neutral person helps the parties negotiate. The mediator does not decide the outcome, and any settlement is voluntary. It is confidential, usually much quicker than court and preserves relationships better than a fight over liability.
It works best when both sides are willing to compromise and have enough information to value the claim.
Arbitration
In arbitration a neutral arbitrator or panel hears the case and issues a binding decision, a process governed in Alberta by the Arbitration Act and by any arbitration clause in the contract. It is private and can be tailored, but arbitrators charge fees and appeal rights are limited.
Check your contract, since many commercial agreements already require arbitration.
Court-connected options
Even in a court case, judicial dispute resolution lets a judge help the parties explore settlement. It is not the trial and the judge will not decide the case if it does not settle.
Whichever route you use, gather your documents early and identify the real issues, since that saves time and cost.
Choosing a route
- Read your contract for an arbitration or mediation clause first.
- Decide whether you want a decision or a negotiated result.
- Ask for a cost estimate for each route, including neutral fees.
- Prepare a short chronology and document set before you start.