Dispute Resolution
Dexterity Consulting offers mediation, arbitration, and parent coordination services.
MEDIATION
In mediation, two parties are brought together to negotiate a solution and are assisted by a neutral mediator. In this dispute resolution process, the mediator is not required to impose a settlement and has no decision making power. However, having a mediator ensures open communication between the two parties and more often than not, helps determine the final resolution or settlement. A mediator, according to the Canadian Bar Association assists “disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in dispute.”
Successful mediations result in a signed agreement, which outlines future behaviour of each party (AKA a memorandum of understanding). This type of agreement has the force of a contract and is binding when signed.
According to the Canadian Department of Justice, the following are specific highlights of this method:
Voluntary: No party is forced to use a mediator, nor are they forced to agree to a particular settlement.
Non-Coercive: The mediator does not decide for the parties, but helps them make their own decision.
Informal: The proceedings of mediation are more relaxed and informal than those of a court or arbitration. There are no prescribed rules of procedure and few rules other than those agreed to by the parties themselves.
Confidential: Generally, mediation is described as a confidential process. It is up to the parties to jointly establish any limits. If it is decided that the mediation should be confidential, the parties and the mediator will sign a clause to that effect.
ARBITRATION
Arbitration, one of the most popular and recognized dispute resolution processes, is more similar to litigation, in that it uses an adversarial approach that requires the neutral arbitrator to make a decision or impose a settlement. Arbitration is widely used in commercial disputes instead of litigation and is a binding, adjudicative process.
Where arbitration differs from litigation is that it enables disputing parties to design the resolution process to fit their needs and the nature of the dispute. They are also able to choose an arbitrator.
According to the Canadian Department of Justice, the specific highlights of this method include:
Voluntary: Parties must expressly agree to arbitrate in writing.
Private & Confidential: With a few exceptions, arbitrations are conducted in private and the results are not published without express consent of the parties.
Adjudicative: As in litigation, once each side has presented a case, the arbitrator issues a decision.
Efficient/Quick: Since this process takes place outside of the court system, the process can be started and resolved quickly.
Flexible: The parties are able to choose an arbitrator and the procedure to be followed in resolving their dispute.
Final/Binding: The arbitrator’s decision is final and binding, and court appeals are rare.
SOURCES: Government of Canada, Department of Justice; and Alternative Dispute Resolution Institute of Canada
PARENT COORDINATION
Parent Coordination helps parents resolve day-to-day conflicts about their parenting arrangements or parenting orders.
Accessibility Enhancements
Dexterity Consulting works with individuals, businesses, organizations, educational institutions and governments to assist them in making physical spaces or services more accessible. Accessibility enhancements are not just physical – they can also include closed captioning, oral descriptions, websites, etc. This service could include:
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- Building personal accessibility plans for individuals to make their residences more accessible;
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- Developing plans to improve built and external environments (existing or new) using universal design concepts. This includes buildings, office space, public facilities, transportation, sidewalks, and more.
- Making recommendations to develop accessible websites that ensure all users have equal access to content and functionality.
Sensitivity Training & Education
This service involves working towards inclusive workplaces, home environments or schools by increasing understanding and thereby inclusiveness for all. Dexterity Consulting can deliver sensitivity training and education to reduce harassment and discrimination in the workplace or school setting. This type of training is often mandated or recommended by Human Resource departments.
Investigative Services
Dexterity Consulting provides balanced and neutral investigative services dealing with harassment, bullying, discrimination, or code of conduct violations with particular focus on those with disabilities.
Public Speaking
Dexterity Consulting’s CEO Andy Livingston is available to speak on a wide variety of topics related to experiencing disability and improving accessibility and accommodation.