Alternative Dispute Resolution
Disputes are a part of doing business; resolving them is our business. At Fraser Milner Casgrain LLP (FMC), appropriate dispute resolution is a core practice, not an add-on. Litigation may be a necessary component of a dispute resolution strategy, but it is only one of the problem-solving tools we apply to resolving disputes. As the use of ADR has grown, so too has the sophistication of the processes we employ. Effective, successful use of ADR mechanisms requires counsel with specialized training and experience. FMC has long been at the forefront of ADR development, investing significantly in training all of our ADR Group members as well as many of our litigation lawyers. We are a recognized leader in the promotion and delivery of ADR: our national ADR Group is experienced in the full range of arbitration, negotiation, mediation and settlement techniques, from local matters to national and international issues. Combined with our extensive industry experience, our ADR expertise saves our clients time, money and reputation. Even if you have retained other counsel to act as "litigation" counsel, we can add value in the resolution of disputes by using our ADR expertise in the role of settlement counsel.
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Representative Work
Acting for a major U.K. manufacturer in an international (ICC) arbitration with respect to a products liability claim
Acting as settlement counsel on behalf of a party in a multi-million dollar dispute being litigated in the Alberta Courts
Acted as counsel in a multimillion dollar mediation before George Adams on behalf of a multi-national pulp and paper company arising from the sale of asbestos contaminated land
Acted as counsel to a big five bank in a mediation arising from a multi-million dollar bank fraud
Acted as counsel in a mediation achieving successful settlement for plaintiffs in claims involving construction defects ranging from wide-spread water ingress
Served as a mediator in successfully resolved disputes arising out of a grant by a franchisor of new, competing franchise rights in close proximity to an existing franchise
Publications
Did you know?
LEXPERT’s Litigation Special Edition (December 2011) identifies John Lorn McDougall, Q.C., James Rose, Q.C. and David Tavender, Q.C. among Canada’s leading Litigation professionals (Report on Business Magazine, November 2011, and LEXPERT Magazine, November/December 2011) and The Canadian Legal LEXPERT Directory 2011 ranks David McCutcheon, John Lorn McDougall, Q.C. and David Tavender, Q.C. as leading lawyers in the area of international commercial arbitration law.
Chambers Global 2011 recommends Tamela Coates, David McCutcheon, John Lorn McDougall, Q.C., Gerald Scott, Q.C.David Tavender, Q.C. and David Wachowich, Q.C. as leading arbitration/dispute resolution lawyers while ranking FMC's ADR Group among Canada's leading dispute resolution firms in Alberta and Ontario.
The Best Lawyers in Canada 2012 recommends David McCutcheon and David Tavender, Q.C. as leading alternative dispute resolution lawyers.
Key Contacts