- Home
- MEDIATION
Mediation
Davies Howe LLP: A Strategic Approach to Dispute Resolution
Why Choose David Fenicky as Your Mediator?
A Versatile Litigation Background
Having represented both Plaintiffs and Defendants across a variety of litigation matters, David can empathize with all sides of a dispute.
His balanced perspective assists in explaining the opponents' motivations and thought processes, enabling a more comprehensive understanding, and facilitating settlement.
An Engaged Listener and Promoter of Dialogue
Effective communication hinges on open dialogue and understanding. As a mediator, David strives to identify the underlying interests of the parties involved, facilitating fair resolutions.
This process often involves gently challenging assumptions and biases about the other side's position and motivation. By fostering a thorough understanding of the opposing stance, David paves the way towards dispute resolution.
An Objective Evaluator
Occasionally, parties need a frank assessment of their situation. Asking this potentially difficult question of one's lawyers, who is trusted to champion their cause, can be uncomfortable.
Trained as a lawyer and cognizant of the latest legal developments, David offers a neutral evaluation that provides valuable insights, often unattainable until the onset of trial.
Contact David Fenicky
- 416-263-4504
- 416-977-8931
- davidf@davieshowe.com
- Download vCard
Law Clerk
- Joanne Kanellopoulos
- 416-977-7088 ext. 236
- joannek@davieshowe.com
It is a widely held misconception, often reinforced by media portrayals, that courtroom battles are swift and efficient, with eloquent lawyers deftly exchanging arguments before an all-knowing judge.
The reality, however, is significantly different.
Litigation is an uncertain and often perplexing process, with outcomes that remain unpredictable until the end. Parties involved frequently emerge bewildered, only to be later confronted with substantial legal fees. The courtroom drama typically places lawyers in the limelight while the parties themselves remain passive observers, despite the profound impact these proceedings can have on their lives and those of their families. Mediation is an effective alternative to this traditional approach.
The Advantages of Mediation
A Strategic Approach to Dispute Resolution
It is a widely held misconception, often reinforced by media portrayals, that courtroom battles are swift and efficient, with eloquent lawyers deftly exchanging arguments before an all-knowing judge. The reality, however, is significantly different. Litigation is an uncertain and often perplexing process, with outcomes that remain unpredictable until the end.
Parties involved frequently emerge bewildered, only to be later confronted with substantial legal fees. The courtroom drama typically places lawyers in the limelight while the parties themselves remain passive observers, despite the profound impact these proceedings can have on their lives and those of their families. Mediation is an effective alternative to this traditional approach.
Empowerment Through Decision Making
Unlike the traditional trial setting where the judge or jury determines the verdict, mediation positions the disputing parties at the core of decision-making. No resolution is binding unless the parties agree.
This level of control, absent from other dispute resolution methods, contributes to the fact that over 90% of civil disputes originating in the Superior Court of Justice are resolved before reaching a formal trial.
The Role of an Impartial Mediator
A mediator’s role is not to take sides, but to comprehend the motivations and interests of all parties involved. By concentrating on areas of mutual agreement, the mediator aims to foster consensus.
Successful mediation leaves all parties with a sense of validation, their views acknowledged and respected, even if not universally agreed upon.
Prompt Resolution and Cost-Effectiveness
The Advantages of Mediation
Government services, inclusive of the court system, tend to be slower and less efficient compared to private services. The current backlog of cases due to COVID-19 has exacerbated this issue. The complexities of coordinating schedules amongst lawyers, court personnel, experts, and witnesses often results in a challenging process for litigants seeking a thorough, fair, and timely resolution.
A well-executed mediation significantly reduces the time and cost involved in achieving this outcome. Hence, when parties approach mediation fully prepared, it is generally the preferred method of dispute resolution.
