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Canada's System of Justice
Dispute Prevention and Resolution
DR Model Clauses and Agreements
Dispute Resolution Reference Guide
Dispute Resolution Reference Guide
Table of Contents
June 1995
Update July 2006
Introductions
Consider the Options: An Introduction to Dispute Resolution
Consider the options: An Overview
Introduction
Positional-based negotiations
Interest-based negotiations
Mediation
Advisory opinions
Early neutral evaluation
Expert fact-finding
Mini-trials
Mediation-arbitration (med-arb)
Arbitration
Court adjudication
Conclusion
Dispute Resolution Modules
Negotiation
I.
What is negotiation?
II.
Characteristics of a negotiation
III.
Advantages of negotiation
IV.
Disadvantages of negotiation
V.
How to use negotiation
Appendix A: Checklist for negotiation
Mediation
What is mediation?
Characteristics of a mediation
How to use mediation
Concerns about mediation
Advantages of mediation
Disadvantages of mediation
Appendix A: Checklist for mediation
Appendix B: Sample mediation agreement
The Mini-Trial
What is a mini-trial
Characteristics of a mini-trial
How to use the mini-trial
Advantages of the mini-trial
Disadvantages of the mini-trial
Questions and concerns regarding the process
Appendix A: Practitioner's checklist
Appendix B: Sample mini-trial agreement
Neutral Evaluation
I.
What is a Neutral Evaluation?
II.
Characteristics of a Neutral Evaluation
III.
How to Use Neutral Evaluation
IV.
Advantages of the Neutral Evaluation
V.
Disadvantages of the Neutral Evaluation
Appendix A: Checklist for Neutral Evaluation
Appendix B: sample Neutral Evaluation agreement
Arbitration
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Date modified:
2022-08-25