Mediation and Arbitration

Practice Areas

We are proud to offer our clients a wide range of legal services that include the following:

  • Business Law
  • Corporate / Commercial and Estate Litigation
  • Family Law and Litigation
  • Personal Injury, ICBC, Wrongful Death
  • Real Estate Law
  • Wills, Estates & Trusts

Our Mediation and Arbitration team includes John Campbell (certified mediator – civil, family, certified arbitrator).

Often when business or personal disputes arise they can be resolved through simple conversation and listening. Trial and litigation results when these two seemingly simple pieces are lost or unattainable.   While in some instances litigation is necessary, it can also be time consuming, expensive and set a dangerous precedent for an organization or an ongoing parenting relationship. There is another option: mediation or arbitration. These have the benefit of being quicker and usually far less expensive than going to trial. Further, they may result in a better on-going relationship between parties – something that an adversarial trial might not allow for.

Our team members draw on their training and experience in both arbitration and mediation techniques and procedures to assist business clients and individuals in finding effective solutions to their disputes.

They help you to assess your situation, and present you with a range of dispute resolution options outside of the court system. They will outline the pros and cons of each strategy and give you the information you need to decide the best course of action for your situation.

Mediation

Mediation can be an effective, cost-efficient, productive way to resolve issues with another party. It can occur more quickly than a trial, and will likely cost significantly less.

Mediation also often holds the best chance of maintaining a workable relationship with the other party when necessary.

Our team offers two types of mediation as follows:

  • Business mediation
  • Family mediation

Mediation is essentially a facilitated conversation between the parties in dispute. The mediator controls the conversation to ensure that both parties are properly heard and that the process remains civil. Certain rules apply to the conversation, the most important of which is that the conversations are “without prejudice.” This means that offers can be exchanged and bargaining can take place, but unless settlement is reached, nothing that is said in the mediation can be used later in court. Also, the conversations at mediation are completely confidential.

Parties may find initially that sitting across from the other side is uncomfortable, but the mediator makes sure that there are no attempts at coercion. After a short time, the parties start to feel very comfortable, especially since – probably for the first time in the process – they have the opportunity to tell their story and to see the other party actually listen and react.

Mediators won’t give legal advice to either party, but they don’t hesitate to let you know what a court might do in any particular situation.

Mediators do not represent one side or the other. They serve as the conduit for an agreement to be reached by both parties.

Mediated agreements invariably do not result in either party “winning.” Instead, an agreement is brokered that finds the middle ground the parties need to be able to carry on – run their businesses, parent their children – in a manner they themselves choose together.

John Campbell was one of the first lawyers in BC to complete the Family Mediation program and he became certified to act as a mediator in family disputes in 1986.

Arbitration

Arbitration is another option that can provide a timely and cost-effective method of resolving disputes privately in a businesslike manner without the expense and delay of court.

In this dispute resolution mechanism, a neutral third party, named an arbitrator, reviews testimony and evidence from all sides of a dispute and makes a decision. Decisions by an arbitrator can be decreed by legislation or mutual agreement by the parties to be legally binding and enforceable in court.

A primary benefit of arbitration is speed: this process can take a fraction of the time it might take to go to court. Arbitration also provides a degree of privacy that might not be available in court. However one of the challenges is that the results of arbitration can be more unpredictable, and yet are legally binding. There are certainly many considerations when contemplating this method of dispute resolution.

That said, it is a frequently used tool, especially in the business world. In fact, many business contracts include an arbitration clause to ensure that any disputes are quickly and efficiently dealt with.

John Campbell completed his advanced commercial mediation certification in 1992 and became a qualified Arbitrator in 1998. He has years of experience in arbitrating a variety of issues for a wide range of businesses.

  Services for Business

Construction and Builders Liens Disputes

At CBM Lawyers we assist with all aspects of construction law disputes including:

  • Contract/construction interpretation and disputes
  • Filing and removal of builders’ liens
  • Claims against owners or contractors
  • Construction delays
  • Damages from poor workmanship or design
  • Construction payment collection disputes or challenges
The construction business is complicated and inherently involves some risk. Delays cost money. Legal issues can resolve disputes quickly, but often lead to more delays. It is important to determine the best solution for each situation to minimize negative impact to your project.

Contract and Tort Disputes

Contracts outline an agreement between people or businesses. Contracts generally outline duties and responsibilities, and may identify the remedies that will be used in case one or the other party breaches their contractual duties (for example, the contract might require mediation or arbitration).

Tort disputes involve instances where one party was harmed or injured due to the actions of another where harm can be caused intentionally but is more often a produce of negligence.

We regularly assist our clients with determining how best to pursue a resolution. Sometimes, a strongly worded letter from your lawyer will provide suitable results. For some matters, a negotiated compromise might be in order. Other circumstances may require a full-scale court battle or arbitration. Each situation is different and must be assessed base on the merits of the case, the determination of the other side, and the lasting effects of a decision.

Corporate and Society Governance Matters and Shareholder Disputes

Business disputes can occur at any time, but those involving the business structure and management relationships of a business can be particularly challenging. Such disputes often put a hold on company business as the very foundation of an organization is in the balance.

Disputes between shareholders, directors and business partners can arise for a variety of reasons. Examples might include disagreements over company direction or development, disagreement over company actions, or simply due to poor personal relationships between the parties. Disputes can also arise due to conflicts of interest, when owners or managers might have interests in another business.

We advise majority and minority shareholders all aspects of shareholder and other business disputes, or potential disputes. Our clients in this area have included private and public corporations, societies and partnerships. We’ve also assisted with claims under the oppressions sections of the Business Corporations Act, and in derivative actions. It is not uncommon for our firm to be asked to review shareholder agreements in advance of signing to identify potential gaps and areas for concern.

We work closely as appropriate with members of our business law group. We are also experienced in dispute resolution through other means (such as mediation).

Debt Settlement

More info coming soon.

Defamation and Intellectual Property Disputes

At CBM Lawyers, we can assist in defamation cases and intellectual property disputes.

We are experienced in both internet defamation matters and domain name and website disputes. We can also assist in relation to copyright and trademark claims, as well as passing off claims.

Foreclosure and Collections

CBM Lawyers can assist with all areas of foreclosure and collection, including commercial loans (such as through a bank or investment company) and loans taken on for the sake of a business (such as credit cards, mortgages, unpaid invoices, trade credit, etc.) We also advise clients regarding bankruptcy and foreclosure issues, which are sometimes the only way to collect amounts owing.

It can be challenging to collect on owed amounts without the assistance of a lawyer. We regularly help a wide range of clients with services in this area. Examples include banks, private investors, and businesses of a wide range of sizes.

We assist clients in examining a range of options, and then choosing the best method of resolution. For smaller amounts, Small Claims court might be the best plan of action. For debts where a continuing relationship is needed, a negotiated payment program may be better suited. For larger debts that repayment is more critical than an ongoing relationship, a full legal challenge may be more appropriate.

Let us help you to determine and pursue the right collections strategy for your situation.

Mediation and Arbitration (Business)

Not every dispute is best resolved by going to court. In many cases alternative dispute resolution is a viable option and can provide a faster and cheaper solution to a legal dispute than a protracted trial. The advantage – you can get on with your business and your life. John Campbell services as a mediator and arbitrator. He works closely with both our Business Law group and our Litigation group to provide mediation and arbitration services as a viable option for our clients.

Real Estate and Commercial Tenancy Disputes

At CBM Lawyers we provide advice regarding real estate issues and commercial tenancy disputes. We have represented clients during all phases of trial, in arbitrations and mediation, and on appeal.

Our firm has experience in acting on behalf of landlords and commercial tenants in commercial tenancy disputes. This has involved agreement interpretation, lease terminations, relief from forfeiture, damages for breaches of a lease, rent reviews and a range of other disputes.

  Services for Individuals

Defamation and Intellectual Property

At CBM Lawyers, we can assist in defamation cases and intellectual property disputes.

We are experienced in both internet defamation matters and domain name and website disputes. We can also assist in relation to copyright and trademark claims, as well as passing off claims.

Discrimination

More coming soon.

Estate Litigation

Our Services in Estate Litigation include:

  • Contesting the validity of a Will
  • Varying a Will under the Wills, Estates and Succession Act
  • Estate Administration Disputes
  • Committeeship Applications
  • Breach of Duty Claims under a Power of Attorney or Representation Agreement
  • Trust Litigation Involving Ownership of Assets
Our Estate Litigation team includes Gene Fraser, Jon Goheen, Steve Burton, John Campbell and Scott Payne.

We advise clients on matters involving contested estates. In these situations time limits are often critical, so if issues concerning the administration of an estate or distribution of assets to beneficiaries arise, call us as soon as possible. We advise and represent clients in estate litigation matters including actions to contest or vary a will, estate administration disputes or other disputes involving the Wills, Estates and Succession Act or the Estate Administration Act, and trust litigation involving ownership of assets, such as bank accounts and real property.

In the event that court proceedings are necessary, we are equipped to handle contested estate matters either in the courts or through mediation.

Mediation and Arbitration (Individual)

Not every dispute is best resolved by going to court. In many cases alternative dispute resolution is a viable option and can provide a faster and cheaper solution to a legal dispute than a protracted trial. The advantage – you can get on with your business and your life. John Campbell services as a mediator and arbitrator. He works closely with both our Business Law group and our Litigation group to provide mediation and arbitration services as a viable option for our clients.

Our Mediation and Arbitration Team

How can we help?

Please fill out the following form and one of our staff will contact you.

Please let us know your preferred method of contact and the best time to get in touch with you.

Disclaimer: Confidential or time-sensitive information should not be sent through this form. If you have an urgent matter please call 604-533-3821. Please note that using this form for communication with the firm or a CBM lawyer does not create a solicitor-client relationship.

This field must contain Alpha Numeric characters
This field must contain Alpha Numeric characters
You have not reached the minimum amount of characters required for this field
Thank you! Your submission was successfully sent :-)×
Opps! Some went wrong... Your submission did not go through :-(×