Arbitration promises one or more potential benefits over civil court litigation provided there is cooperation among the parties, their counsel and the arbitral tribunal.

Those “promises” or benefits are:

neutral forum;

neutral or customized procedural rules/process;

neutral decision-maker;

decision-maker learned in the subject matter;

faster decisions;



one-step resolution;

cost savings; and,

simpler enforcement.

Parties can agree to have their dispute settled according to their pre-existing arbitration agreement or can agree to submit to arbitration by way of a submission clause after their dispute arises. Either avenue brings the parties to arbitration.

Mediation can

(a) pre-empt litigation and arbitration across a variety of commercial and civil disputes,

(b) resolve active litigation and arbitration files, including those chronic disputes which have lasted too long and threaten to continue, or

(c) narrow active files to reduce the scope, costs and delays until resolution.

Mediation is not about cutting the prize in two or merely distributing value between the parties. Mediation is about enabling the parties to negotiate a solution which speaks to each party’s interests and creates value for both.

To create value, effective mediation requires that parties come prepared, ready to assert their own interests and willing to understand the other party’s interests.

Assertive does not mean aggressive. Understanding does not mean agreeing.

As mediator, Daniel improves and maintains communication between the parties. Doing so allows parties to develop the terms and conditions to meet their interests rather than entrench deeper behind their positions.

A mediated solution should solve disputes and not create new disputes in the future when the parties implement that solution. A lasting solution stems from sharing enough information without expecting naïve, excessive or unilateral disclosure.