Fair Solutions
Efficient Resolutions

Efficient, Flexible, and
Confidential Dispute Resolution

We recognize that disputes are an inevitable part of business and personal affairs. However, we believe that the resolution process doesn’t always need to be costly or time-consuming. FH&P Lawyers provides a well-rounded scope of services for parties in dispute, including Mediation and Arbitration. Traditional litigation can be expensive, lengthy, and emotionally draining. Mediation and arbitration, on the other hand, offer faster, more flexible, and less adversarial ways of resolving disputes. These alternative dispute resolution (ADR) methods are often preferred for their confidentiality, cost-effectiveness, and ability to preserve business and personal relationships.

Our approach begins with negotiation—designed to help businesses, individuals, and organizations navigate disputes and agreements through a cooperative, problem-solving approach where all parties work together in good faith to achieve a mutually agreeable outcome. The process prioritizes cooperation and the long-term relationship between parties, making it especially effective in situations where preserving ongoing business relationships or personal connections is crucial. Should negotiation not be successful, FH&P Lawyers can help identify if Arbitration, Mediation or Litigation would be the appropriate next step.

• Mediation is a voluntary, confidential process where a neutral third party (the mediator) helps facilitate communication between parties in dispute. The Mediator does not make decisions but works to help the parties reach a mutually agreeable solution.
• Arbitration is a more formal process, similar to a trial, where an Arbitrator (or a panel of arbitrators) listens to both sides and makes a binding decision. Arbitration is often quicker and more flexible than traditional Litigation but still provides a legal resolution.

MEDIATION

We have trained and experienced Mediators who act as neutral facilitators to assist parties in resolving disputes.

Mediation involves enhanced communication and discussion between parties which can lead to a mutually beneficial resolution crafted by the parties themselves and facilitated by Mediators. Mediation offers a confidential space where open discussion related to the dispute is facilitated. When completed, the Mediation process results in parties coming to an agreement that is ultimately designed and decided upon by themselves, with or without assistance from their own counsel.

Mediation can be a more cost-effective alternative to Litigation. Parties experience an inclusive process that provides a safe way to communicate their interests and discuss issues, resulting in those involved being able to effectively share their perspectives.

THE MEDIATION PROCESS

The majority of people who utilize Mediation come to it through the direction of lawyers. Both parties need to have agreed to Mediation. A Mediator may only be jointly retained (retained by both parties). If you are both self-represented and are engaging a lawyer to provide you with independent legal advice with respect to your legal rights, obligations, and terms of the agreement, our Mediators can help. In this case, individual screening appointments will be made and then a meeting will be scheduled to discuss the process and the issues. It is important to note that Mediators cannot communicate with a single party (save and except to conduct the screening and or when caucusing). The process of all parties working together starts right at the beginning. Transparency, collaboration and cooperation are foundation stones to Mediation and these principles are adhered to from the commencement of the process.

What we need if the parties are represented by counsel:

If you have a lawyer and wish to inquire about how Mediation can resolve your dispute, please have your lawyer reach out to me directly at wcheung@fhplawyers.com.

What we need if the parties are self-represented:

1. Both you and the opposing party first need to agree to have your dispute resolved by Mediation. Because Mediation is a voluntary process, all parties must first agree.
2. Once you and the opposing party have agreed to Mediation, you need to agree to who to use as your mediator. I would suggest you do your research and select a few Mediators to talk to and see who is the best fit. Some of the criteria you are assessing may include practice areas that the mediator has experience or Mediation style(s) that you may want the Mediator to utilize;
3. Once you have selected one or a few mediators to connect with, set up a call with the Mediator with all parties present to have an initial conversation about whether the Mediator is the right fit for the parties and the dispute. If my experience and profile are of interest to you, and you and the opposing party would like to speak to me, then:
   1. Contact me at wcheung@fhplawyers.com. In the body of the email, please include full personal and/or corporate names of ALL parties so that we may first conduct a conflict check;
   2. Once the conflict check clears, you will hear back from me directly and I will personally introduce myself to you and the other parties and let you know the process to get the Mediation started, including booking a time for an initial meeting and a day for the actual Mediation, and everything in between.

ARBITRATION

An Arbitrator is another way to say Judge—someone who adjudicates over a dispute. Using anrbitrator avoids following the court process, which can be lengthy. Also to consider is that the Arbitrator can be selected/chosen, which may mean you are able to use an Arbitrator who has expertise in a certain area, compared to a judge who is assigned to the case.

Arbitration can happen in a number of ways. It can be mandatory because an agreement previously in place such as in an instance stating in the case of a dispute, the parties will go to Arbitration to reach a resolution. Or the parties involved can choose to utilize Arbitration. saying they have to go to Arbitration in the case of a dispute.

In Arbitration, the parties can represent themselves or they can be represented by their own lawyers. In either case, the parties involved share the cost of the Arbitrator 50/50.

What we need if the parties are represented by counsel:

If you have a lawyer, and would like to move forward with Arbitration, please have your lawyer reach out to me directly at wcheung@fhplawyers.com.

What we need if the parties are self-represented:

1. Both you and the opposing party first need to agree to have your dispute resolved by Arbitration.
2. Contact me at wcheung@fhplawyers.com. In the body of the email, please include full personal and/or corporate names of ALL parties so that we may first conduct a conflict check;
3. Once the conflict check clears, you will hear back from me directly and I will personally introduce myself to you and the other parties and let you know the process to get Arbitration started, including booking a time for an initial meeting.

---

Our Mediation and Arbitration services offer alternative, efficient, and often more effective ways of resolving conflicts without the need for prolonged litigation. Whether you're involved in a business dispute, a family matter, or any other conflict, our team of skilled mediators and arbitrators is here to help you achieve a fair and binding resolution.