CE International Resources Holdings LLC v. Yeap
CE International Resources Holdings LLC v. Yeap, 2013 BCSC 1804. Counsel represented his client in a recognition and enforcement...
Arbitration and mediation are often referred to as forms of Alternative Dispute Resolution (ADR). But the term “alternative” is misleading because, in many cases, avoiding the courtroom is the better option. Eyford Partners can work with you to develop the best possible strategy for resolving your dispute without resorting to a trial.
Disputes arise in every dynamic industry. When they do, those involved are often keen to avoid expensive litigation, preserve valuable relationships, and keep their names out of the headlines. In these circumstances, our lawyers provide clients with skilled, experienced counsel to advocate for their interests in arbitration and mediation. We also act as effective neutrals. Our experience serving as arbitrators and mediators allows us to understand which arguments are most effective, and to hone our approach when we are retained as litigation counsel.
Constrained by the rules of court, litigation offers limited flexibility in resolving a dispute. By contrast, arbitration allows for a great deal more maneuverability, offering opportunities for cooperation and creative problem-solving.
These advantages are significant, but they can only be realized by arbitration counsel with the experience, skill, and confidence to approach the process from a fresh perspective. Inexperienced litigators, accustomed to arguing in court, are likely to try to recreate the litigation process—when you’re a hammer, everything looks like a nail. Similarly, novice arbitrators are likely to recreate the court process in arbitration, lacking only a judge. This is a missed opportunity. Indeed, arbitration calls for a fundamentally different philosophy towards dispute resolution.
“For me, arbitration is an artisanal area of practice,” notes Angus M. Gunn, QC, one of Eyford Partners’ experienced arbitrators. “It’s a long process of honing the craft through apprenticeship and scholarship.”
Angus serves as co-chair on the advisory group to the Attorney General that is working on arbitration reform and modernizing British Columbia’s laws regarding international and domestic arbitration. The Attorney General noted how fortunate the province was to be advised by “leading practitioners in B.C. and people with international experience” including “Angus Gunn, Queen’s Counsel, who is well known here in British Columbia, nationally and internationally, for his arbitral expertise.”
Going to trial can be a costly, protracted affair. Mediation is often a more efficient method for settling disputes.
The benefits of reaching an agreement through mediation are often substantial. Since mediation is private, it can help parties to avoid unwelcome publicity. This process brings opposing parties to the table, replacing adversarial confrontation with negotiation and the common goal of achieving an agreement. Through collaboration, valued business relationships can be maintained.
Our experienced mediators have helped clients in a wide range of industries to find workable solutions to complex disputes.
It takes years of disciplined study to obtain proficiency in arbitration and mediation. For this reason, clients who have experience in these matters know that it is in their best interest to retain counsel with the expertise and experience to guide them through the process.
It might seem to make sense to retain an industry specialist for arbitration: for example, retaining a mining lawyer because a dispute involves mining. However, unless this mining lawyer is also an experienced arbitrator, their industry knowledge is unlikely to make up for the deficiencies in their understanding of the process. Conversely, a lawyer with considerable experience in arbitration will be able to navigate the proceedings with confidence. In the vast majority of cases, what clients need isn’t an expert in a specific industry; what they need is skilled arbitration counsel.
At Eyford Partners, our experienced mediation and arbitration counsel have decades of experience, honing their skills in this specialized area of law. This allows us to provide clients with the highest level of advocacy services.