Owners of commercial enterprises in Alberta have to deal with many challenging situations every day. When disputes arise, they might need legal counsel to help resolve issues through mediation rather than civil litigation. It is a process by which the needs, interests and perceptions of each party are shared, and all work to resolve their differences amicably without laying fault to the other party.
Mediation is an informal but confidential process, whereby a professional mediator provides a platform and facilitates negotiations. No party is forced to accept or agree to any particular settlement, and the mediator, who is an independent third party, leaves all decisions for the parties without coercion. The mediator may explain available options that might bring resolve, but he or she may not provide legal advice.
In contrast to the formality of court or arbitration, mediation is informal with only the rules set by the different parties. The same applies to the confidentiality of what happens during mediation. If the parties agree in advance that they want the negotiations to be confidential, they and the mediator can sign a confidentiality clause.
Business owners in Alberta who are unsure about how to resolve disputes of any nature might find that a consultation with an experienced commercial lawyer can be invaluable. Legal counsel can explain the pros and cons of both mediation and civil litigation. This will allow the client to make informed decisions about the most suitable way to deal with particular disputes. Regardless of how the client chooses to proceed, the lawyer will provide advocacy, support and guidance with every step of the way.