Mediation is a process by which parties attempt to resolve their disputes by agreement.  A mediator meets with the parties to facilitate the discussion of the issues and settlement negotiations.  Mediation results in a voluntary settlement.  The mediator does not impose an outcome on the parties.  Mediators  guide the discussions and negotiations.  Under the Alberta Rules of Court parties must complete some form of dispute resolution process before trial in the Court of King’s Bench.  Private mediation is one of the options to satisfy this requirement.  It is advisable before trial in almost every case to test and assess one’s case and ensure full knowledge of the opportunity to settle.

Mediation can be conducted in person or by virtual meeting platform.  There are some advantages to the parties and counsel being present in one place; however, Doreen will conduct mediations in the format that the parties prefer.

As a mediator Doreen assists parties in identifying the strengths and weaknesses of their case and assessing their litigation risks.  She will ask questions and provide insights where it is beneficial to the parties to guide their discussions and consideration of the issues.  Having resolved thousands of cases herself she can provide suggestions for negotiation strategy.  Doreen can also apply her decades of experience to provide insight to the parties on how the Court might assess their evidence and arguments at trial. 

The process for mediation can be flexible and tailored to the case and the parties.  Mediation typically starts with a plenary session with all participants and opening statements followed by caucusing with each party and the exchange of offers.  Doreen believes that the mediation process should be flexible and allows it to evolve in each case, sometimes bringing the parties or counsel back together for more direct communication where that is preferred or can advance the goal of reaching resolution.  With this approach Doreen ensures that the parties remain engaged in the litigation process.

Doreen’s intention is not to book herself fully too far in advance to be available for mediations to be booked within a few months.  To see Doreen’s current availability please see calendar on booking page.

Arbitration is a dispute resolution process that can be used where the parties are seeking a final conclusion to their dispute.  Arbitration can be heard and decided by a single arbitrator or a panel of arbitrators.  In arbitration the parties present their evidence and legal arguments to private arbitrators who hear evidence and arguments and adjudicate the dispute.  The rules for the admission of evidence can be less formal than in trials.  Doreen is available to act as a single arbitrator or to sit as a member of a panel of arbitrators.

Arbitration can be a useful process to address all or some of the substantive issues in the dispute.  Arbitration can also be used as a means to resolve interim issues and procedural issues that are affecting the progress of the dispute.  Doreen can be available on shorter notice to address such issues more quickly than the Court can provide times for hearings about such issues. 

Doreen does not intend to act as counsel for parties in disputes that are in litigation.  However, she is available to consult to counsel in relation to their litigated matters.  Such consulting could improve providing advice and guidance on both procedural and substantive issues affecting the dispute.  Doreen can apply her years of litigation experience to provide an objective opinion on the quality of available evidence and on the strengths and weaknesses of litigation positions and arguments.  Doreen can review the available evidence and arguments and provide an objective opinion on the value of a claim.  With so much experience handling and resolving disputes, Doreen can assist and advise on settlement negotiation strategies.