Arbitration + Mediation 
Frequently Asked Questions

Arbitration and mediation are effective alternatives to court for resolving many types of legal disputes. This page answers common questions about how these processes work and what you can expect if you are considering dispute resolution through LETOURNEAU LLP.

If you are unsure whether arbitration or mediation is appropriate for your situation, we encourage you to contact us to discuss your options.


About Our Arbitration & Mediation Services

Who provides arbitration and mediation services at LETOURNEAU LLP?

Adam O. Letourneau, K.C., JD, LLM, C.Arb, C.Med is a Chartered Arbitrator and Chartered Mediator with extensive experience in labour, employment, family, contract, and commercial disputes. He is a roster member of the Alberta Labour Relations Grievance Arbitration Roster.

Tamera Tupou, Bradley Bullock, and Emily Tilleman-Gatz are trained mediators who provide mediation services in family law and other legal disputes.


What types of disputes can be resolved through arbitration or mediation?

Arbitration and mediation may be used for many types of disputes, including:
  • labour grievance and interest disputes
  • labour bargaining
  • employment and workplace disputes
  • wrongful dismissal claims
  • family law disputes (parenting, support, property)
  • domestic and commercial contract disputes
  • construction disputes
  • estate and inheritance disputes
  • landlord and tenant disputes
  • real estate disputes
  • business, billing, and professional disputes
  • personal injury and tort disputes
  • sports and organizational disputes
Not every dispute is suitable, but many are. We are happy to discuss whether ADR is appropriate for your matter.


Understanding the Processes

What is arbitration?

Arbitration is a private dispute resolution process in which the parties agree to have a neutral arbitrator hear their dispute and make a final and binding decision after both sides have an opportunity to present their case.

The arbitrator’s decision (called an award) is enforceable in much the same way as a court order.


What is mediation?

Mediation is a voluntary, confidential process in which a neutral mediator assists the parties in discussing issues, improving communication, and working toward a mutually acceptable resolution.

The mediator does not decide the outcome. The parties retain control over whether an agreement is reached and what it includes.


What is the difference between arbitration and mediation?

Arbitration results in a binding decision imposed by the arbitrator.

Mediation focuses on facilitated negotiation, with the outcome determined by the parties themselves.

Both processes are private, flexible, and typically more efficient than court.


What is Med/Arb (mediation–arbitration)?

Med/Arb is a hybrid process where the parties agree in advance to:

attempt to resolve the dispute through mediation, and

if issues remain unresolved, proceed directly to arbitration for a binding decision.

Med/Arb can provide efficiency and finality, but it is not appropriate for all disputes. Legal advice is strongly recommended before agreeing to this process, particularly in family law matters involving property or support.


Practical Considerations

Do I need a lawyer to participate in arbitration or mediation?

No. Parties are not required to have legal representation. However, parties may choose to retain lawyers for advice or representation.

As neutrals, our arbitrators and mediators cannot provide legal advice to either party.


Can I force the other party to participate?

Mediation is always voluntary and cannot be forced.

Arbitration may be mandatory if required by a contract or ordered by a court.


How binding are the outcomes?

Mediation agreements may be binding or non-binding, depending on what the parties decide.

Arbitration awards are final and binding, similar to court judgments.


What happens if the other party does not follow the agreement or award?

There are legal remedies available in many situations. The appropriate response depends on the nature of the agreement or award and the circumstances involved. Legal advice is recommended.


How long does arbitration or mediation take?

The length of the process depends on:
  • the complexity of the dispute
  • the number of issues and parties
  • availability of participants
Some matters resolve in a few hours; others require multiple sessions or hearing days.


How much does arbitration or mediation cost?

Costs vary based on time and complexity. We offer:
  • hourly or flat-fee arrangements
  • advance discussion of costs and timelines
  • deposits before commencement
We aim to ensure that the process is proportionate and cost-effective.


Who pays the cost?

Cost-sharing is usually agreed upon by the parties in advance. In some cases, the arbitrator may determine cost allocation as part of the award.

Process & Logistics

What rules apply to arbitration or mediation?

Procedural rules are typically agreed upon by the parties in advance. Arbitration may be subject to the Alberta Arbitration Act in certain cases.

Our firm applies basic procedural expectations, including respectful conduct, orderly participation, and clear communication.


Where are arbitrations and mediations held?

Proceedings may be conducted:
  • at our Lethbridge offices
  • virtually
  • at another agreed-upon location
We have meeting facilities suitable for small and medium-sized proceedings. Travel and associated costs may apply for off-site services.


Is confidentiality guaranteed?

Arbitration and mediation are private processes. Confidentiality is addressed at the outset and may be governed by agreement, statute, or applicable professional obligations.


Suitability & Next Steps

Is arbitration or mediation suitable for every dispute?

No. While many disputes are appropriate for ADR, some are not. Suitability depends on the nature of the dispute, the relationship between the parties, and the desired outcome.

We encourage you to contact us to discuss whether arbitration or mediation is appropriate for your situation.


Our Arbitration & Mediation Team

Arbitrator


Mediators






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Disclaimer

The information on this website is provided for general information purposes only and does not constitute legal advice.