Arbitration and Mediation
There are times when parties require the assistance of someone experienced in dispute resolution so that they can end their dispute in a confidential, timely and cost effective manner. When you have a dispute it may be appropriate to retain a mediator or an arbitrator, or someone who can preside over both processes.
A mediator assists two or more parties reach a better understanding of the issues between them and the possible solutions. Through mediation, parties often come to an agreement, which is then documented. Mediation is usually the most satisfying dispute resolution process, because the parties tailor their own solution. As a mediator, Elaine helps parties find common ground when it initially seems impossible to do so. She works with them so that they can acknowledge what has happened in the past and focus on what needs to be resolved to move on. The parties can choose to attend mediation with legal counsel or on their own.
To see Elaine McCormack being interviewed on strata mediations, please go here. Elaine McCormack has experience in mediations involving strata issues, construction, contract disputes, human rights, personal injury and employment. Ms. McCormack holds a Q.Med designation in mediation through the ADR Institute of Canada Inc. She is a member of the Civil Roster of MediateBC and a member of the Domestic Mediation Roster of BCICAC.
Arbitration is a process whereby the parties or their lawyers, present their case to an unbiased third party who then makes a binding decision on the issues in dispute. The arbitration process generally works best if the arbitrator has special knowledge of the law involved. The benefits of arbitration include that the process is confidential and that the hearing can take place anywhere. Elaine McCormack has been involved in arbitrations since 1992 and has been acting as an arbitrator since the mid 1990’s. She is experienced in both strata and commercial arbitrations. Elaine McCormack holds the designation of C.Arb through the ADR Institute of Canada Inc. She is a member of the Domestic Arbitration Roster of BCICAC.
A Med/Arb is a flexible process. In a Med/Arb, the parties to a dispute retain a dispute resolution professional who can act as a mediator and an arbitrator, as necessary. Mediation is generally used first, but if an agreement is not reached on some or all of the issues through mediation, then the parties are assured that a binding decision will be obtained through arbitration. As a result of her experience in both arbitration and mediation, Elaine McCormack is in a unique position to offer Med/Arb services to parties.
Both Elaine McCormack and Cora Wilson are skilled at attending mediations and arbitrations on behalf of clients. In mediations, they use their negotiation skills and ability to find common ground between the parties. In arbitrations, they use their knowledge of the arbitration process and advocacy skills to benefit our clients.