Chapter 2: Resolving Disputes and Navigating Canada’s Court Syst

Arbitration as a process is

• more formal than negotiation

• more formal than litigation

• controlled by the parties

• none of the above

If the parties have a history of conflict, and one is stronger than the other, the following is probably the best alternative dispute resolution process:

• negotiation

• mediation

• arbitration

• either b or c would work equally well

In talking about alternative dispute resolution, we often discuss rights and interests. In this context, “rights” refers to

• short-term goals

• long-term goals

• business concerns, aspirations, and priorities

• entitlements

In positional negotiation, you

• determine what outcome you want before you start and stick to it as best you can

• explore with the other parties what the source of the conflict is

• accept the other side’s position as legitimate and valid

• ask open-ended questions

In the mediation process,

•  the mediator guides discussions and imposes a settlement after hearing both sides

• the mediator guides discussions

• the mediator always keeps the parties apart during discussions

• the parties must not be in an adversarial position

You should use mediation if

• both parties are prepared to make serious efforts to resolve the issues

• both parties are prepared to explore mutual interests and wish to maintain an ongoing relationship

• in settling a rights issue, the parties are more interested in making their own rules than in having rules imposed on them by a neutral individual

• all of the above

• only b and c are correct

You should use arbitration if

• the other party is stronger than you are

• you know the other party will comply with the arbitrator’s decision

• you have a good working relationship with the other party and have successfully resolved interest disputes in the past

• all of the above

• none of the above

“Solicitor–client privilege” means

• anything your lawyer tells you cannot be repeated by you to anyone else

• anything you write to your lawyer cannot be revealed by either of you

• your lawyer has a right ahead of other creditors to payment of his or her bill for services

• third parties who provide your lawyer with information about your case cannot reveal it to anyone else

• your lawyer cannot reveal any information you give to him or her about the case without your permission

Small Claims Court cases differ from those in the trial division of the Superior Court in the following way(s):

• There is a limit on the amount of money one can sue for in the Small Claims Court.

• Proceedings in the trial division of the Superior Court are quicker and cheaper than those in the Small Claims Court.

• There is no discovery process in the Small Claims Court.

• The rules of evidence are more relaxed in the Small Claims Court than in the trial division of the Superior Court.

• Both a and d are correct.