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The Society believes that for arbitration and
mediation to be successful as alternative forms of dispute resolution
it is necessary for parties who might use these alternatives to have
available a list of persons who are knowledgeable about procedures to
be followed and who are willing to serve as arbitrators or mediators.
Arbitration, in its basic form, is dispute resolution
on the basis of an agreement or contract between the parties to the
dispute. The parties choose one or more persons to hear their pleading
and examine the evidence in a relatively informal setting. They agree
on the procedure to be followed and in most cases the award is final
and binding. In many cases the arbitrator will be chosen because of
his or her knowledge or experience in the field of dispute. In such
cases, a considerable amount of time may be saved in comparison to court
proceedings. The arbitration process is governed by Alberta legislation.
Mediation is a process of dispute resolution where
a mediator or trained negotiator assists parties to a dispute, who have
each agreed to mediate, in negotiating a settlement. The process takes
place on a confidential, without prejudice basis and is entirely voluntary.
A mediator is usually chosen who has experience with, and an understanding
of the area of dispute. Settlements can often be reached within a few
hours when mediation is used, saving much time and money.
Arbitration and mediation are methods of dispute resolution which can
be used in many circumstances. Neither is a substitute for court-oriented
proceedings. Cases which turn on detailed points of law are most appropriately
settled in court. Disputes which entail considerable technical evidence
or the interpretation of a series of events may be more quickly resolved
through arbitration, while disputes with a highly emotional content or
which involve primarily questions of fact may best be resolved through
mediation.
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