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Home > Country profiles > Canada > Articles > Article detail

Canada is among the first to countries to release guidelines for combining mediation and arbitration

Wednesday, 23rd January 2020

"Canada’s forthcoming “med-arb” rules are among the first of their kind, and the creators say they are already fielding information requests from around the world. 

The guidelines, which were approved in December and are in the final polishing stages by the ADR Institute of Canada, provide a model for a mash-up alternative dispute resolution process, where the parties first try to work it out using mediation, and then move directly to an arbitration process if they are unable to come to a resolution within an acceptable timeline. 

Because dispute resolution processes are bespoke, creative practitioners in some areas of the law have already been using this process for a while, says Colm Brannigan, a lawyer and mediator. While applications vary in different practice areas and by province, using the same “neutral” for the mediation and arbitration can save time and money by avoiding the commencement of two separate processes with an adjudicator that needs to re-learn the facts of the dispute, he says."

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Language: English
Contact: Anita Balakrishnan

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