FULL SPECTRUM ADR SERVICES
The Out of Court Options You Need
Modern ADR provides a full spectrum of third-party dispute resolution services, including neutral evaluation services, investigations, mediation, arbitration, conflict coaching, and workplace restoration.
We work with businesses and organizations to design dispute resolution systems by developing frameworks, policies, and procedures relating to contract and employment disputes, and providing organizational reviews to highlight, analyze, and problem solve institutional conflict.
Modern ADR is recognized by the Saskatchewan Ministry of Justice as Family Mediator as defined by the Section 44.01 of The Queen’s Bench Act, 1998 and Parenting Co-Ordinator as defined by The Children’s Law Regulations, 1998 as well as a Gladue Report Writer for Section 718.2 of the Criminal Code.
Saskatchewan’s International Arbitration Firm
Whether you’re the in-house counsel for a large multi-national litigating a major contract dispute, a disruptor in technology battling to protect your intellectual property, or a small family owned business with import-export issues, we have you covered.
Not only is Modern ADR the only Saskatchewan ADR firm with a member of the Canadian Arbitration Committee for the ICC International Court of Arbitration, we also proudly host the first Saskatchewan resident appointee to a trade commission advisory council.
THE MODERN ADVANTAGE
Thought Leadership & Modern Solutions
We are the only firm in Canada licensed to provide the full suite of New Ways training for youth, families experiencing high-conflict divorce and separation, and workplace conflict. We are also certified by the Canadian Centre for Occupational Health and Safety and Worksafe Saskatchewan for workplace incident investigations and inspections.
A Spectrum Of Choice
Commonly abbreviated to ADR, alternative dispute resolution, also called appropriate dispute resolution, is any method of resolving disputes without litigation. While mediation and arbitration are the two primary ADR methods, dispute resolution actually exists on a spectrum, starting with facilitation and negotiation (where the parties have full control over everything, including the process, format, and outcome) and ending with administrative tribunals and the courts (where the parties have no control over the process, format, or the outcome).
ADR methods fall into three categories: collaborative processes, such as mediation, where the parties work together to come to a decision; evaluative processes, such as early neutral evaluation, where the parties receive a ‘reality check’ on their positions from a neutral third party; and adjudicative processes, where the parties rely on a neutral third party to make a decision on their behalf. While the courts may be asked to review ADR methods for validity or legitimacy, they very rarely overturn ADR agreements, decisions, and awards if the disputing parties formed a valid contract to abide by them.
Arbitrations can be expedited and brief, or comprehensive and as lengthy as a trial. Likewise, they can also be conducted by submission only, or with a full in person hearing.
In Arb-Med, the process is reversed. Parties present their cases and arguments in an arbitration proceeding, and the neutral drafts a decision that remains sealed. The parties then engage in a mediation process with a predetermined stopping point, after which the parties are bound by the previously ‘secret’ award if they have not reached an agreement.
Adjudication is most commonly used in consumer complaints, commercial lease disputes, construction disputes, and force majeure or frustrated contracts.
Administrative tribunals not only decide the facts of the matter and whether a wrong has occurred, they also have the authority to apply sanctions and remedies.
Neutral Fact Finding
Fact finding is extremely useful for parties who struggle to work together to create a Statement of Agreed Upon Facts, and for cases that would be better served by arguing legal positions and interpretations of legislation rather than the details of matter.
Early Neutral Evaluation
At the end of the process, the neutral provides an analysis of the dispute and the arguments presented, highlighting the strengths and weaknesses of each case, as well as an explanation of the range of possible conclusions of a binding process. After the evaluation phase, parties typically consent to enter into a settlement process of their choosing or opt to proceed to court or arbitration.
As with all ADR processes, the format and procedures of a mini-trial is determined by the participants, but typically involves a short period of discovery, followed by a very brief hearing for arguments, and concludes with a set period of negotiation. If the parties are unable to reach a settlement independently, the neutral party prepares a report detailing the most likely outcomes at a trial or arbitration proceeding, which usually encourages the parties to settle their issues.
System & Policy Consulting
New Ways for Life™ is a simple skills-building program that teaches people how to deal with the stress and uncertainty of today’s world. In this program, people learn the 4 Big Skills™ that will help them cope with added stresses from relationships, peers, and the way they interact with people online.
New Ways for Work℠ is a cognitive–behavioral intervention aimed toward helping employees gain greater self–regulation in their jobs and lives. It assists conscious awareness of inappropriate reactions and managing responses in a more effective manner.
New Ways for Families® is a program for high conflict family law cases designed to save courts time, parents money, and protect children as their families re-organize. It is a positive option for families that gives parents a chance to change before big decisions are made.
New Ways for Mediation℠ is a tightly-structured, simple process for mediating potentially high-conflict disputes. It focuses on the teaching and reinforcement of simple skills for the clients to use throughout the process.
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