When there is a business dispute, you should seriously consider hiring an arbitration lawyer who can look for alternative resolutions that do not include the lengthy process of going to litigation and trial. One of those options is arbitration. The method is used when there is a dispute, but the two parties may continue to maintain a contractual relationship during and after the dispute resolution. Trial and litigation may not always be optimal because of the expense and long delays to obtain justice. The legal process becomes more complex when the dispute is international. You will need a firm such as Franklin and Franklin that specializes in international arbitration law. There are local and international laws to consider. You should have an international arbitration lawyer in Montreal familiar with the local and international laws that apply to your case.
There are many contracts, agreements, and investments when you have a business that works internationally. Government interests can shift, and that can affect your business. You may enter a dispute with a co-owner or other entity in the business that does not work in Montreal. The conflict can threaten the company’s future, and while you need a dispute resolution, you want to maintain the business relationship. Instead of going to litigation or trial, you can discuss alternative dispute resolution with our Montreal international arbitration lawyer. We can advise you of the best legal options for your dispute and the possible outcomes. Several ADR options for cross-border conflicts will help avoid the risks of going into transnational litigation, which is even more complex and time-consuming than a local dispute.
Before going to arbitration, there may be efforts to resolve the dispute through mediation. You often see mediation in co-ownership or business disputes. Mediation is an excellent way to avoid the expense and delay of going to court.
A neutral third party will act as a mediator and push the two parties to reach a mutual agreement. They do not make any decisions and will keep the information confidential. The mediator will look for common interests and needs of both parties and work towards a middle ground. The mediator will formalize the agreement when both parties agree and set everything in stone.
Another option before trial is arbitration when a dispute is not resolved in meditation. There are some similarities and differences between mediation and arbitration. Similar to mediation, the arbitrator will be a neutral third party. In comparison, however, the arbitrator does not look for a mutually beneficial agreement. An arbitrator is looking to decide a dispute and will consider both sides’ decisions to benefit one party over the other.
You will need the Montreal international arbitration lawyer from Franklin & Franklin to ensure your best interest are considered and protected during an arbitration dispute. Both parties in the conflict will choose the arbitrator; if they cannot agree or they find choosing an arbitrator proves to be difficult, then the court will appoint an arbitrator. Once the arbitrator makes a decision, it is final.
Arbitration occurs when two parties have failed to come to an agreement through mediation yet want to avoid taking their matter through the courts. Both parties appear before an arbitration or mediation lawyer to present their cases in a setting outside the courtroom. Arbitration is typically less formal than a trial. Arbitration that meets all requirements of Québec or Canadian statutes is legally binding. Our Montreal international arbitration lawyers will provide you with advice regarding whether arbitration or mediation is right for your case and will protect your interests during arbitration, explaining all conditions of the arbitration agreement.
Contact our Montreal international arbitration lawyers and Montreal mediation lawyers today for more information on arbitration law in Montreal