Find Lawyers in British Columbia, Canada for Alternative Dispute Resolution
Practice Area Overview
When people think of hiring a lawyer to resolve a dispute, they often have in mind that their problem will ultimately be resolved at a trial with a judge ruling in favour of one party and against another. This understanding, perhaps reinforced through television and movies, does not represent the reality. In fact, most lawsuits settle.
For the longest time, it was not uncommon for parties to go through all the steps of litigation, from pleadings through documentary and oral discovery, only to settle, sometimes “on the courtroom steps.” Bearing this pattern in mind, many litigants have opted to pursue Alternative Dispute Resolution, or ADR, as means of achieving settlement sooner and cheaper than by going through the court process.
In this context, the parties in dispute enlist independent, unaffiliated persons to assist them to reach a resolution. This may be achieved through two different paths. Arbitration proceedings are generally adversarial in nature and the arbitrator makes a final decision, just as a judge does, but outside the court system. A private mediator assists the parties in reaching settlements through consensus and does not impose a decision.
Lawyers play an important role in ADR. They may be the decision makers in arbitrations or function as facilitators in mediations. In either case, they may have specialized knowledge in the area of law under consideration or in the industry in which the dispute arose. Sometimes, lawyers are chosen as arbitrators or mediators because of their reputations as having the ability to be fair-minded and even-handed.
Not to be overlooked is the special role the lawyers for the parties can play in ADR. It is often they who suggest alternative means of resolving disputes to their clients. They play a huge role in explaining the process to their clients beforehand, and otherwise preparing the parties. In the case of mediation, the parties should ensure their lawyers have the right experience to assist them in getting to settlement. Parties sometimes will hire experienced lawyers to act as “settlement counsel” to assist them in getting to a resolution in mediation.
Mediation gives people more control over the outcome of their disputes and provides privacy over what are often highly sensitive issues for the parties involved. Many people do not fully realize the lack of control one faces at trial nor do people understand the truly public nature of the courthouse. As a mediator, Diane helps clients overcome legal challenges in a fair and efficient manner. She manages emotions and expectations, and, by engaging in an active risk analysis, she helps to achie...
Dan Bennett's practice is focused in the areas of trial, arbitration, hearing and appeal work in commercial and administrative litigation. As a member of our litigation group, Mr. Bennett has conducted a broad range of cases in commercial, real estate, and natural resource matters in British Columbia, Alberta and Yukon superior courts and courts of appeal as well as the Federal Courts, including the Supreme Court of Canada. He also appears regularly before a number of administrative boards de...
Ms. Carteri is a trial and appellate lawyer. She joined NST as a partner in 2016. Prior to joining the firm, Ms. Carteri was a partner in the Vancouver office of a national law firm where she practiced for 14 years and where she was leader of the firm’s Vancouver office litigation group. In 2015, Ms. Carteri received the Lexpert Rising Stars: Leading Lawyers in Canada Under 40 Award which recognizes leading lawyers in the Canadian legal community. Ms. Carteri received Benchmark Canada's...
James Coady is a Shareholder in Boughton Law’s Litigation Group. He is Director of Boughton Law and a former Director of Meritas, an association of 191 law firms worldwide. He has over 30 years’ litigation experience. His broad practice includes aboriginal, commercial and construction litigation. James is frequently involved in high profile and complex cases and has appeared before all levels of the Canadian court system. He was appointed Queen’s Counsel in 2015 and is liste...
Scott Dawson is a partner in the litigation department and a trial lawyer experienced in the resolution of a broad range of commercial disputes. He regularly appears before British Columbia Courts as part of his business-focused civil litigation practice. His cases cover a wide variety of commercial litigation issues including supply contracts, insurance / reinsurance, directors' fiduciary duties, international and domestic agency disputes, shareholder disputes and corporate reorganizations. ...
Douglas Eyford, Q.C. is a civil litigation lawyer and negotiator. He provides insightful and strategic advice to businesses, governments, and First Nations. Doug was appointed Queen’s Counsel in 2015. In civil litigation proceedings, he represents clients in negligence claims, defamation actions, contract disputes, fraud, product liability, railway law, and fire loss. He also acts for securities industry participants on matters relating to investment dealer litigation and regulatory enf...
Craig Ferris, QC is a litigator and acts for clients in commercial and business disputes. His particular areas of specialization include shareholder remedies, trust, pension and fiduciary disputes, securities and transactional litigation, product liability, mining disputes and real estate litigation. Craig has appeared in all levels of court in British Columbia as well as the Supreme Court of Canada. He has also acted in private arbitrations and in administrative settings including before the...
Angus Gunn is a barrister who concentrates on the resolution of commercial disputes. His practice emphasizes (a) civil appellate litigation matters; (b) appointments as counsel and arbitrator in international and domestic commercial arbitration proceedings; and (c) counsel in judicial review and other administrative law matters. He blends a traditional litigation practice with extensive experience in alternative dispute resolution. He is a member of the Law Society of British Columbia and the...
Randy J. Kaardal, K.C. is a senior litigator handling a wide range of commercial litigation for clients in the financial, mining, forestry, and manufacturing sectors. He has conducted hearings before all levels of Court in Canada, including the Supreme Court of British Columbia, the British Columbia Court of Appeal and the Supreme Court of Canada. He also regularly appears before various administrative tribunals including the B.C. Securities Commission, the Federal and Provincial Human Rights...
A JML founding and managing partner, John Logan focuses on commercial disputes as counsel, arbitrator, mediator, referee, or project neutral. He has been involved in the resolution of hundreds of disputes across Canada, including many major projects involving transportation, telecommunications, hydro, and oil and gas. John is an acknowledged leader of the British Columbia construction bar, as counsel and neutral. He has long been included in the Lexpert/American Lawyer Guide to the Leading 50...
Mr. MacInnis, K.C. is a trial and appellate lawyer. Benchmark Canada has listed Mr. MacInnis as a “Litigation Star” in British Columbia since 2012. Mr. MacInnis is recognized in Best Lawyers Canada in the fields of Corporate Commercial Litigation and Alternative Dispute Resolution. He regularly appears as counsel in the B.C. Supreme Court and Court of Appeal. Mr. MacInnis acts for corporations, both private and public, as well as individuals. Mr. MacInnis’ practice is focuse...
A leading family lawyer in British Columbia, Dinyar Marzban has practiced all aspects of family law, including mediation, trial, and appellate work. Called to the bar in 1982 and appointed Queen’s Counsel in 2004, he now limits his practice to acting as a family law mediator, most often retained to resolve cases involving high incomes and complex financial issues. Dinyar has contributed to family law reform, legal education and pro bono work. He was one of the original authors and edito...
Peter is a litigator with a wide range of experience, practising for over 26 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving allegations of fraud. He has appeared before all levels of court in British Columbia as well as other professional bodies. His experience includes products liability, property law disputes, professional negligence claims, insurance defense and coverage, defamation, commercial...
Peter R. Senkpiel, K.C. is a leading barrister in British Columbia with a broad commercial litigation, alternative dispute resolution, and advisory practice. Peter has extensive experience as trial and appellate counsel in the BC Supreme Court and BC Court of Appeal in a broad range of matters including contract and business disputes, securities litigation, shareholder disputes, class actions, defamation, and trusts. In 2022, at just 38 and after only 12 years of call, Peter was appointed Kin...
Karen specializes in the area of family law. She guides clients through mediation, resolving numerous matrimonial disputes ranging from the simple to the complex, and has extensive experience drafting co-habitation, marriage, and separation agreements. Her practice includes all matters relating to parenting, property division, child and spousal support, and divorce, and she has appeared as family counsel in all levels of court in British Columbia. Karen has been named in The Canadian Legal Le...
John Singleton is a principal legal figure in the country’s construction industry, having played key roles in major developments across Western Canada. He founded the firm in Vancouver, in 1982, with a vision of creating a practice that would stand out for its expertise in construction and infrastructure law. Today, Singleton Urquhart Reynolds Vogel LLP serves clients across the country and is recognized internationally for its knowledge and insight. John has acted as Counsel in precede...
Charles F. (Chuck) Willms has considerable experience in Indigenous, corporate social responsibility (CSR), commercial and constitutional matters. Chuck’s industry knowledge encompasses the construction, energy, forestry, and mining sectors. Having represented clients at both levels of federal court, Chuck has also appeared before the supreme courts of BC and the Yukon; Alberta Court of Queen's Bench, and BC, Alberta; and Yukon courts of appeal. He has appeared numerous times in the Sup...
Julia K. Lockhart is a talented trial, appellate and research lawyer who carries on a general administrative and commercial litigation practice, focussing on complex commercial disputes and challenging administrative law issues. Julia has been a partner at Nathanson, Schachter & Thompson LLP since 2020 and she demonstrates excellence and precision in her work as an advocate, as well as leadership and compassion in her work generally. Julia regularly advises the Law Society of British Colu...
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