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Alternative dispute resolution
The concept of alternative dispute resolution has gained ground in the past few years. This concept is increasingly being applied as a way of resolving issues without using the tradition litigation process. Alternative dispute resolution has been defined as the means of resolving disputes without using the court systems to find a solution to a dispute (Stockdale et al. 54). The increased use of the alternative dispute resolution signifies a dramatic shift that has made parties under disputes to avoid using courts to resolve their issues. With more people opting to use more tradition ways of solving business issues between themselves, turning to the Alternative dispute resolution is welcomed by the laws systems.
In Canada, the court systems are very positive about the application of the alternative dispute resolutions techniques particularly in cases that are appropriate. When using the alternative address resolution perhaps in a business circle, parties to a case can use other means such as the arbitration in order to resolves pertinent issues facing them. Arbitration is one of the common techniques that find use in the alternative dispute resolution. This technique can be of help to businesses that are locked in a case yet they do not want to go to the court to find a redress.
When two or more parties chose the alternative dispute resolution technique, their role will be to identify an arbitrator who will be impartial but yet keen in ensuring that the parties resolve their differences. The arbitrator will ensure that negotiations are done between the parties and that communication channels are open to facilitate despite resolution. An example of an arbitrator is the Alternative dispute resolution institute of Canada. The success of the alternative dispute resolution rests in the ability of the parties to consider each other and articulate their needs as required. Mediations can also be employed as a form of resolving problem issues with different parties.
The use of the Alternative dispute resolution has taken root in different parts of the world and Canada is not an example. One of the organizations where the alternative dispute resolution is cited is the Alternative dispute resolution institute in Canada which is situated in Toronto. This is one of the recognized organization is Canada which can be used to arbitrate or mediate between parties with case between them. The Alternative dispute resolution instituted is focused in pulling together different professions with the aim of creating a means through which organization and people in Canada can resolve issues amongst them.
The use of Alternative dispute resolution in Canada has been of particular help in resolving issues related to immigration into Canada. With many people facing issues quite often, the Alternative dispute resolution has become one of the potential means of solving issues which have continued to affect immigrants who have faced numerous challenges that require resolution. The effectiveness of the Alternative dispute resolution has been seen in helping people who have denied Visa or other travel document required to enter into Canada. Another area which has benefited from the use of the Alternative dispute resolution has been the real estate agent where lawyers have ailed themselves to being called find solutions between the discrimination of the workers have also been addressed using the role Alternative dispute resolution which has significantly led to increase result has allow the mediators real estate agent to arbitrate or mediate especially where there is minor issues that do not deserve the weight of such cases.
Breach of Contract and Damages
The society cannot make significant progress if no meaningful agreements are made. Likewise, many of the business keep entering into contract between itself and other firms of interest. The role of contract is central to the establishment of strong relations that are accepted by the laws as binding parties together. While contract are binding and meant to promote positive relationships between parties, damages are used when one party breaks the contracts. The role of the damages is to act as deterrence as well as provide one party in an agreement fund to recover from contract that could not be worked out.
In Canada, it is expected that those who enter agreement must keep it to the latter. Whereas agreement has different elements with that must be adhered to, sometimes someone can dishonor the agreement effectively by withdrawing their support in the given contract. In this case, an a business entity will be considered to have breached a contract, the law of contract formation requires that a party which breaks an agreement to be made to pay for the inconveniences as well as damages it afflicts to the other party. The use of contract and damages serves the business environment wellbeing that business people do not violate or erode the importance of agreements.
In recent time, Canada has experience a number of challenges regarding the concept of contract and damages. One of such instance cases was the Fidler v. Sun Life Assurance Co. of Canada where Sun life insurance was made to pay Fiddler a considerable amount of money for the damages it has afflicted her as result of pulling their policies. With Fidler working as a receptionist afforded her with ability to acquire some life policies from insurances like Sun life. However, her laying Fidler followed after she was sacked from her work. While this meant that she was no longer earning a stream of money as before, the contract with the insurance company was still in force. Despite this fact, the insurance company refused to pay for the medical bill as per their contract. This was a damage of contract which called for a legal action. When the matter was brought into the court of law, the insurance company was made to pay damages to Fidler.
The payment of the damages fee was due to the effects that I had caused Fidler to go through as she tried to get the insurance company pay her medical ground. In addition, the cancelation of Fidlers medical coverage was not in accordance with the laid procedure which would have been used to terminate the contract. Understanding this case is essential in developing insight into the working of contract and damages in Canada.
In another case, damages are awarded to parties after they experience economic challenges. However, non-economic challenges can also be considered. In one of the recent cases between a school and a school, the schooled in providing fairness to one of the student and this called for legal redress. This is one of the cases the need insights into contracts and damages. The school was found to have failed in providing Alice with appropriate fairness. The lack of fairness in school made her experience mental distress.
With Alice going through difficult, the court saw it fit toward her damages that would help her cope with the mental distress. The school was made to pay some damages that were a compensation for mental distress that she has been caused into school. This is an exemplary case on Alice and failure if the school that reinforces our understanding that fosters the importance of contracts and damages. These examples are therefore critical in understanding about the laws systems in Canada and particularly in the business area.