Frequently Asked Questions
Who Pays for the service?
The costs of the process is generally borne equally by all parties. We can help with negotiating any terms of payment.
What if we can't attend in person?
Sometimes the people involved live in the communities or down south, have mobility issues, a tight schedule or communicate better in writing. Other times emotions are to high making it difficult for people to meet face to face. This is why we offer online dispute resolution.
Online dispute resolution allows us to work with individuals over the phone, through email, instant messaging or video conferencing. We understand that you are busy. That's why we are flexible to meet your needs.
Online dispute resolution allows us to work with individuals over the phone, through email, instant messaging or video conferencing. We understand that you are busy. That's why we are flexible to meet your needs.
How do I convince them to participate?
Not everyone will immediately agree to participate. They may need more information about how the process works and whether it meets their needs. They may also need some time to realize the cost and time involved in taking the dispute to court.
People in conflict are usually highly charged with emotions. People may be angry or so intent on proving the other person is 'wrong' that they want their day in court. Sometimes, merely waiting a few days or weeks can make a difference in that they're more willing to discuss the options more calmly and openly.
We can help encourage participation by explaining the advantages of using alternatives to courts by acting as a neutral outsider to facilitate this conversation. In addition to presenting the benefits of ADR and answering any questions about the services we provide.
Don't be discouraged. Even if the other person insists on going to court, remember that these processes can be used at any time - even after a lawsuit has been filed.
People in conflict are usually highly charged with emotions. People may be angry or so intent on proving the other person is 'wrong' that they want their day in court. Sometimes, merely waiting a few days or weeks can make a difference in that they're more willing to discuss the options more calmly and openly.
We can help encourage participation by explaining the advantages of using alternatives to courts by acting as a neutral outsider to facilitate this conversation. In addition to presenting the benefits of ADR and answering any questions about the services we provide.
Don't be discouraged. Even if the other person insists on going to court, remember that these processes can be used at any time - even after a lawsuit has been filed.
what are the benefits of alternative dispute RESOLUTION?
1. Save a lot of time by allowing resolution in weeks or months, compared to court, which can take years.
1. Save a lot of money, including fees for lawyers and experts, and work time lost.
3. Parties are in control by giving them an opportunity to tell their side of the story and have a say in the outcome.
4. Focus on the issues that are important to the people in dispute instead of just their legal rights and obligations
5. Flexible and creative options that satisfy the parties
6. Preserve relationships by helping people co-operate instead of creating one winner and one loser.
7. Reduce stress from having to meet face to face.
8. Keep private disputes private - only people who are invited can attend an ADR session, unlike court, where the proceedings are usually on the public record and others, including the media, can attend.
9. Give more people access to justice, because people who cannot afford court or legal fees can still access a dispute resolution mechanism.
10. Remember that YuKan Resolve Conflict!
1. Save a lot of money, including fees for lawyers and experts, and work time lost.
3. Parties are in control by giving them an opportunity to tell their side of the story and have a say in the outcome.
4. Focus on the issues that are important to the people in dispute instead of just their legal rights and obligations
5. Flexible and creative options that satisfy the parties
6. Preserve relationships by helping people co-operate instead of creating one winner and one loser.
7. Reduce stress from having to meet face to face.
8. Keep private disputes private - only people who are invited can attend an ADR session, unlike court, where the proceedings are usually on the public record and others, including the media, can attend.
9. Give more people access to justice, because people who cannot afford court or legal fees can still access a dispute resolution mechanism.
10. Remember that YuKan Resolve Conflict!
how much do you charge?
The consultation fee is $50. If you choose to work with us there will be a flat fee. which will range from $500 to $1,500 depending on which service you utilize. If our services are required for more than ten hours, billing will then be on a hourly basis.
What is alternative dispute resolution?
Alternative Dispute Resolution refers to the informal process of resolving disputes in ways other than going through the formal court process. This can be done through mediation, arbitration, conflict coaching or through a conflict assessment done by a facilitator.
what about court?
As time goes by, it may become harder to agree on a solution that satisfies everyone. Each person may become convinced they are 'right' and the other person is 'wrong'. Going to court is one way of settling a dispute. However, it can be costly and time consuming. Moreover, it is not always a satisfying process for the parties involved. Using YuKan Conflict Resolution services can save you both the time and money involved in taking a dispute to court.
What is the role of the neutral?
- Allow the parties to present their positions regarding the dispute;
- Help and direct parties to search for common ground and narrow the scope of the dispute;
- Assess the relative strengths and weaknesses of the parties' positions; and
- Suggest and help the parties explore the possibility of a settlement
What are the benefits to online dispute resolution?
- Informal, flexible and a creative tool of dispute resolution which is not governed by strict rules of procedure and evidence.
- Allows the parties to design or participate in a process which can be moulded to suit their needs and encourages a consensual rather than an adversarial approach.
- Reduces litigation costs: this is of importance when you might not be able to afford the cost of litigation.
- Allows for a timely, cost-efficient and efficient resolution to problems.
- Allows for resolution to problems when they is geographic distance between the parties and the amount in dispute may preclude the cost of travel.
- Sensitivities between the parties that may be exacerbated by being in the same room.
- Participation of parties who could not otherwise attend in-person.
- Parties can discuss matters freely in the expectation that they will not be disclosed, neither publicly, nor to a court
What if there is a conflict of interest?
We may love how the Yukon is small, but when it comes to disputes the ‘small town feel’ can result in a conflict of interest. Our professional code of conduct requires us to be independent and impartial through strict avoidance of all real and potential conflicts of interest. If unable to avoid, we will disclose to the parties the circumstances of the conflict of interest, even if it’s only perceived. We may ask the parties for permission to continue in spite of the conflict of interest, assign the matter to one of our other mediators, or refer you to another ADR centre.
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