Acting as a Mediator has become one of Mr. Winkler’s passions. He has developed a unique Risk Management approach to mediation which recognizes the benefit to the parties of retaining control over the dispute resolution process, rather than exposing themselves to the uncertainty of having strangers (arbitrators, Judges or a Jury) decide their fate.
The cost of litigation has become prohibitive and in this circumstance, the uncertainty of outcome unacceptable. Each party believes they will prevail, but in reality, absent a settlement, there will only be one winner. It is accordingly important to attempt to resolve disputes before the costs incurred make settlement more difficult to achieve. We can help you and your clients achieve this goal.
At Winkler Dispute Resolution we take a Risk Management Approach to mediation which recognizes the benefit to the parties of retaining control over the dispute resolution process, rather than exposing themselves to the uncertainty of having strangers (arbitrators, Judges or a Jury) decide their fate. This approach focuses on 4 critical stages of the mediation process:
- The importance of counsel sufficiently preparing their client for the mediation process, including the setting of realistic expectations and consideration of a range of settlement scenarios.
- Under the right circumstances, the unique opportunity of counsel to speak directly to the adverse party during a strategic opening statement.
- With the benefit of the Mediator’s experience and preparation, providing to the parties a confidential reality check in relation to the benefits of settlement versus what lies ahead in the absence of settlement.
- If the parties seem unable to successfully negotiate a settlement with each other, having the Mediator to take control of the process through confidential Mediator Offers.
Mr. Winkler is a well-respected Arbitrator who is proud to be a member of the ADR Chambers roster of Arbitrators and Mediators. ADR Chambers is Canada’s leading roster of Arbitrators and Mediators in Canada.