In Every Type of Business Dispute Resolution, Canadian Law Requires
In every type of business dispute resolution, Canadian law requires that a judge must decide the amount of the loss to prevent hard feelings between the parties and allow the business relationship to be maintained.
A contract provides the legal backdrop to commercial relationships by defining the rights and obligations of the parties, but it is the business relationship itself that will determine whether, in a conflict, the parties will insist upon strict enforcement of their legal rights.
In the mediation process, the parties to the dispute agree on the choice of the mediator who will be appointed to review the facts of the dispute and make a binding decision to resolve the problem.
Parties that agree to submit disputes to a neutral party who will ultimately make a binding decision to resolve the dispute are agreeing to participate in the arbitration process.