There is more than one way to win
Why going to Court might not be your best move
When a dispute arises, most people assume the path forward leads straight to a Courtroom. It rarely does — and in most cases, it shouldn't.
Litigation is slow, expensive, and unpredictable. From the moment a Statement of Claim is filed, you are usually looking at a minimum of one to two years before a judgment is handed down — years of legal fees, management distraction, and uncertainty. And at the end of it, a Judge decides the outcome. Not you.
Experienced decision makers do not default to the obvious move — they weigh every angle before acting.
Alternative Dispute Resolution — what it is and why it matters
Alternative Dispute Resolution (ADR) refers to a range of processes that allow parties to resolve disputes outside of Court. They are faster, significantly more cost-effective, and — critically — they keep control of the outcome in your hands.
The three most common forms are mediation, arbitration, and the lesser known but highly effective "MedArb". Each one is a different move. Knowing which to make — and when — is where strategy meets resolution.
Mediation
Mediation is a private, confidential process in which an independent neutral mediator helps the parties work toward a resolution they both agree on. The mediator does not decide the outcome — that remains with the parties.
It is quick, it costs a fraction of litigation, and it is on your terms. Mediation can happen at any stage — before litigation begins, while proceedings are on foot, or even after a hearing. The outcome, if reached, is captured in a Deed of Settlement — legally binding, enforceable, and confidential.
Arbitration
Arbitration is a more formal process. Both parties present their arguments and evidence to an independent arbitrator, who then makes a binding determination. Unlike a Court judgment, an arbitration decision generally cannot be appealed — which means finality, and faster.
It sits between mediation and litigation — more structured than the former, faster and more private than the latter. Sometimes the right move is to let someone else call it — on your terms, outside the Court system.
MedArb — the best of both
MedArb combines mediation and arbitration in a single process. The parties first attempt to resolve the dispute through mediation. If they reach an impasse, the mediator transitions into an arbitrator and makes a binding determination.
It is an underused but powerful option — particularly where the parties want to preserve the opportunity to reach their own resolution but need the certainty of a final outcome if they cannot.
Two moves available. One process.
ADR in strata disputes
Strata disputes deserve special mention. Whether it's a by-law conflict, a building defect, a levy dispute, or a disagreement between lot owners, strata matter carry a dynamic that most other disputes don't — the parties often live or work in the same building and will continue to do so long after the dispute is resolved.
That changes the calculus entirely. Litigation may win the argument but damage the relationship, the amenity, and the atmosphere of the building for years to come.
ADR — and mediation in particular — offers something litigation cannot:
Resolution the parties have shaped themselves,
A resolution reached without the cost and duration of litigation, and
A resolution they are far more likely to respect and maintain.
In strata, knowing which move to make isn't just about winning. It's about living with the outcome.
So which path is right for you?
That depends on the nature of your dispute, your relationship with the other party, the urgency of resolution, and what outcome you actually need. The path forward may not be immediately obvious — but the options are almost always there, and we will find them with you.
At Ashva Legal, we bring the big picture into focus — understanding your options and making the move that gets your matter resolved — efficiently, strategically, and on your terms.
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