Alternative Dispute Resolution: Litigation, Arbitration, Mediation

8 important questions on Alternative Dispute Resolution: Litigation, Arbitration, Mediation

What constitutes a small claim? Why is making a small claim beneficial?

  • <$35,000
  • Inexpensive and fast
  • Encouragement mechanisms to settle claim before trial
  • But, you might have to abandon part of your claim
  • Fewer processes in place for fact-finding

Why take a case to the B.C. Supreme Court?

- Better fact finding
- Wider range of judicial discretion and remedies
- But, it is very slow and expensive

What is the Civil Resolution Tribunal?

  • First online tribunal
  • Resolves small claims
    • motor vehicle accidents
    • Strata property disputes
    • Shared accomodation
  • Helps people resolve disputes quickly
  • Public and searchable
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
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What are the benefits and drawbacks of arbitration?

Pro: Avoid litigation, binding, hard to appeal, confidential, efficient flexible
Cons: Can be expensive, must adhere to their ruling

What is the difference between mediation and arbitration?

Arbitration relies on the decision of a third party which is binding, while in mediation, a third party helps the disputers reach a mutual agreement

What are the benefits of mediation?

Inexpensive, therapeutic, easy resolution

What are the drawbacks of mediation?

May not be taken seriously, needs genuine interest from both parties

What is Expert Evidence and who can be an expert?

- Expert assists court without being an advocate for either party
- Anyone with skill, expertise, training and experience

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