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Mediation & Arbitration

Calgary Mediation and Arbitration Lawyers: Get Your Matter Resolved

At Carbert Waite LLP we recognize the high costs of litigation and the value of early resolution through negotiation or alternative dispute resolution. This is why we regularly engage in arbitrations and mediations on behalf of our clients. We also offer arbitration and mediation services to assist non-client litigants in resolving their disputes.

Arbitration

Carbert Waite has experience with both international and domestic arbitration including in high-value commercial, employment, and estate disputes. Our lawyers are accustomed to representing a wide range of sophisticated businesses both locally and abroad.

Clients frequently choose arbitration as an alternative to the court process where the speed of resolution and the privacy of the parties are paramount. 

Arbitration is more formal than mediation but less formal than a trial. Arbitration means that the neutral third-party arbitrator will decide on the dispute based on the law and facts as presented by the parties. Arbitration is much more flexible than a trial and allows the parties to work with the arbitrator to design a process that will save time and expense by focusing on what really matters to them.

For it to function as intended, as a shorter and less expensive alternative to a trial, the parties and the arbitrator need to be pragmatic in designing a process that will serve the ultimate goal. 

Carbert Waite partner Curtis Marble is one of the few Fellows of the Institute of Arbitrators in Calgary. This designation is awarded based on experience and demonstrated knowledge of the arbitral process. 

Mediation

Mediation is a less formal process that involves a neutral third party who assists in conflict resolution with the goal of reaching a settlement. 

We believe in a flexible approach to mediation. The process should bend to suit the needs of the parties and the nature of the particular dispute. We are prepared to play a facilitative role or to engage on the facts and the law as much as is necessary and desired by the parties. We value the role that counsel plays in mediation and always respect their relationship with their client(s). The role of the mediator is to create an atmosphere where the parties can come to their own unique resolution. Creativity and persistence is key.

Curtis Marble Contribution to IR Global

Carbert Waite LLP Partner, Curtis Marble, recently contributed to IR Global. In the article titled "Where you sit affects the view: how to choose the seat of arbitration," Curtis discusses the importance of selecting the right "place" (or legal territory) of arbitration and why Alberta should be on the list when considering the seat of international commercial arbitration