In addition to my experience as a mediator in hundreds of disputes, I have a Master of Laws degree with a major in Dispute Resolution from the University of Technology, Sydney, Australia.
I am a member of ADR Canada and the ADR Institute of Alberta and a Fellow of the Chartered Institute of Arbitrators in London, an internationally-recognized dispute resolution organization. I am also listed in Best Lawyers International for Alternative Dispute Resolution (arbitration and mediation).
I have been retained to mediate disputes relating to matters including, among other things:
I am able to provide whatever degree of mediator involvement parties seek, ranging from very active engagement on the facts and legal issues to passive facilitation. I am also comfortable structuring mediations with as much or as little direct party contact as the parties desire.
In 2011, I wrote an article for Law Matters entitled Mandatory Mediation under the New Rules of Court - the First Year. I am included on the Alberta Energy Regulator's roster of mediators. In 2000, I was a panelist at the Conflict Solutions National Dispute Resolution Conference.
Our offices are available to host mediations of any size with no additional charge.
I would be happy to speak with you about any potential mediations.
The Rules of Court require parties in all matters before the Court of Queen's Bench to engage in at least one Dispute Resolution Process ("DRP"), unless this requirement is waived by the Court in limited circumstances (New Rules 4.2 and 4.16(2)).
In every existing proceeding as of November 1, 2010, a trial date cannot be set unless the parties have participated in a DRP, or the Court has waived that requirement (New Rule 8.4(3)).
Judicial Dispute Resolution is one form of DRP that the parties may engage in; however, it is not the only one.
With the increased volume of matters which now are referred to DRP, the pressure on the Courts is extreme.
An impartial third person in the private sector can act as mediator. This is where JSS Barristers can help. JSS Barristers partner, Sabri Shawa QC, FCIArb is available to act as an impartial third person mediator under.
There are considerable advantages to engaging in DRP. In many cases, effective mediation will result in the resolution of the action, and avoid the expense of further proceedings. Mediation also operates as an opportunity for both sides to evaluate their own positions, and those of their opponents. Use of a private mediator will avoid the time-cost of waiting for the availability of an appropriate JDR judge. Unlike JDR, where the Courts prefer that discoveries are completed and the matter is ready for trial, the cost of reaching the "trial ready" stage of litigation can be limited by engaging DRP much earlier in the litigation process. Since the new Rules do not stipulate when the DRP process need take place, it can take place very early in the litigation.
The effort required to prepare for a mediation is not insignificant. But, irrespective of the outcome that effort is never wasted. Preparation for mediation doubles as preparation for other steps such as discovery and trial.