Which ADR Process?

Mediation

Mediation is a form of assisted negotiation, involving a third-party neutral who helps the parties resolve their dispute or negotiate a business relationship.  John has mediated over 100 proceedings in the Superior Court of Justice, Toronto Mandatory Mediation Program.  These cases have covered a broad range of civil proceedings, especially personal injury, commercial disputes and wrongful dismissal claims.

Arbitration

Arbitration is a method of resolving a dispute where the disputants present their case to an impartial third-party, who then makes a decision for them which resolves the conflict. This decision is usually binding.  Arbitrations are conducted like regular trials, with a judge-like arbitrator making a final decision based on the evidence presented and the law of the jurisdiction. Arbitrator’s awards are enforceable nearly worldwide, as if it were a Court judgment.  John is a Fellow of the Chartered Institute of Arbitrators, a London-based organization that promotes and facilitates dispute resolution.  In 2012, the Institute awarded John its highest designation, “FCIArb,” having assessed him as having the required training and experience to serve as a professional arbitrator.

Negotiating Assistance

John can work with you to prepare for negotiations.  John applies a “negotiation analysis” approach that involves assessing the parties’ underlying interests, generating options, and evaluating alternatives to a negotiated agreement.  John will help you manage the tension between cooperating, to “create value jointly,” and competing to “claim” value individually.   John is skilled in the use of “probability trees” and “game trees.”

Managing Conflict in the Workplace

John can work with employers to develop systems and processes to manage workplace conflict.  These systems provide incentives to management and employees alike to engage in inexpensive and readily available processes, and discourage unnecessary escalation.  John’s approach typically involves designing processes that follow a sequence of interests, rights and power, respectively.