Mediators, unlike judges, do not decide cases or impose settlements. The mediator's role is to help the people involved in a dispute to communicate and negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement. The purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial.
Arbitration is a process whereby parties in dispute refer their disagreement to a mutually acceptable, knowledgeable, independent third party - an arbitrator - agreeing in advance to be bound by the arbitrator's decision. Some disputes, by their very nature, can only be settled by litigation. The majority, however, can be settled by arbitration, with significant benefits to the parties involved and to society at large.
The YorkStreet Dispute Resolution Group has designed a new Hybrid Process, which is a combination of Indigenous peacemaking and mediation. Combined, this process provides a culturally sensitive and holistic team approach to conflict and reconciliation efforts. This process involves several stages inclusive of observations, information gathering, community visits, circles processes, caucuses, group facilitation, and traditional indigenous ceremonies. The lead facilitator for our Hybrid Process, John Beaucage, is a former Grand Council Chief of the 42-member First Nations of the Anishinabek Nation and Pipe Carrier from the Bear Clan.
Settlement Conferences are an innovative strategy effective in achieving the early resolution of claims in a timely and cost controlled environment. YorkStreet brings extensive experience in facilitating the resolution of disputes, assisting all parties in reaching their goals throughout the settlement discussions. Our settlement conferences are tailored to the needs of our clients, and have included our panelists mediating 60 cases over 3 days, with an average settlement rate of 75-85%.
Appraisals under the Insurance Act
An Appraisal under Section 128 of the Insurance Act of Ontario is a dispute resolution process that is available to Property & Automobile insurers and their policyholders, when a dispute occurs relating to the quantum of the loss sustained by the policyholder, after their property, i.e. a building or a car, is damaged or destroyed. Under the process, each party retains an "Appraiser" to represent their interests and the two "Appraisers" then appoint an "Umpire" to help them resolve their "differences".