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.
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".
INNOVATIVE STRATEGIES IN LITIGATION Benefits of a Settlement Conference:
- YorkStreet brings Extensive Experience in Facilitating Settlement Conferences, assisting all parties in reaching their goals throughout the process
- YorkStreet Experts on Hand To Assist with Resolution
- An Innovative Strategy Effective in Achieving Early Economic Resolution of Claims Disputes leading to:
- Loss Cost Control
- Expense Control
- Fair Play Setting / Safe Environment
- Known Outcome instead of Uncertainty of Continued Litigation
- Focused Settlement Discussion Managed by YorkStreet as Third Party Neutral