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Mediation and arbitration in Calgary

Resolve family and commercial disputes privately, without a courtroom, with a neutral who understands the cultural and religious values that matter to the people involved.

Usman Mahmood is a Qualified Arbitrator (Q.Arb) and mediator. He has handled many mediations and arbitrations in family and commercial disputes, including matters that call for cultural and religious sensitivity. Parties can retain him as a neutral mediator, arbitrator or mediator-arbitrator. When he acts as a neutral, he does not represent either party, and each party is encouraged to get independent legal advice. Sessions can be held in English, Urdu, Punjabi and Hindi.

Family disputes

Mediation and arbitration can resolve parenting arrangements, child and spousal support, and the division of family property, and can help parties prepare a family agreement. In family matters the best interests of the children come first. Read more about family mediation and arbitration.

Commercial disputes

Business disputes can often be resolved faster and more privately outside court. Examples include disputes between business partners or shareholders, contract and payment disputes, disputes with suppliers or customers, and disputes within family-owned businesses, where business and family relationships overlap.

Culturally and religiously sensitive processes

Many families and business owners want a process that respects their culture, faith and community. Where all parties agree, the process can be shaped around these needs, for example by scheduling around religious observances, involving family elders or other trusted people, holding sessions in English, Urdu, Punjabi and Hindi, and taking time to understand the expectations each side brings. Every process is conducted under Alberta law, and any agreement or award must meet its requirements.

Mediation

Mediation is a voluntary, confidential process in which a neutral mediator helps the parties negotiate their own agreement. The mediator does not make decisions. It works best where both parties are willing to engage and can negotiate safely.

Arbitration

In arbitration, the parties agree to have an arbitrator hear their evidence and arguments and make a binding decision under Alberta’s Arbitration Act. It is more private and flexible than court, and the parties can agree on the procedure and timeline.

Mediation-arbitration

In a mediation-arbitration (med-arb), the parties first try to reach agreement with the neutral’s help. Any issues that remain unresolved are then decided by arbitration. The process is set out in a written agreement signed at the start.

Is it right for your dispute?

Before starting, we screen for safety concerns and power imbalances. Mediation and arbitration are not appropriate in every case, for example where family violence would prevent a party from taking part freely, or where an urgent court order is needed. In those cases, we discuss other options.

How the process works

  1. Intake

    Each party meets separately with the neutral for screening and to identify the issues.

  2. Agreement to mediate or arbitrate

    The parties sign an agreement setting out the process, the issues, the timeline and the fees.

  3. Sessions or hearing

    Mediation sessions are held, or evidence and submissions are presented to the arbitrator.

  4. Resolution

    The result is recorded in a written agreement, or in an arbitration award that can be enforced through the court.

Frequently asked questions

Is an arbitration award binding?

Yes. An arbitration award is binding on the parties and can be enforced through the court.

Can an arbitration award be appealed?

It depends on the arbitration agreement. Under Alberta’s Arbitration Act, if the agreement does not deal with appeals, an appeal is available only on a question of law and only with the court’s permission. Time limits are short, so get advice promptly.

Is mediation confidential?

Mediation is generally confidential. The terms are set out in the agreement to mediate that the parties sign before starting.

Can the process reflect our culture or faith?

Where all parties agree, the process can be arranged around cultural and religious needs, such as scheduling, language and who attends. Sessions can be held in English, Urdu, Punjabi or Hindi. The outcome must still comply with Alberta law, and in family matters the best interests of the children come first.

Do we each still need a lawyer?

It is strongly recommended. The mediator or arbitrator is neutral and cannot advise either party.

Talk to a lawyer about your situation

Book a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.

The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.