Resolving business disputes without the cost and delay of court. Mediation, arbitration, and negotiation services for Toronto businesses and individuals.
· Reviewed by Jonathan Kleiman, J.D.
Alternative dispute resolution (ADR) refers to methods of resolving legal disputes outside of traditional court litigation. The two most common forms are mediation and arbitration — each offering distinct advantages over going to court.
ADR is typically faster, less expensive, and more private than litigation. For businesses, it also preserves relationships that a courtroom battle would destroy. Jonathan Kleiman represents Toronto businesses and individuals through every stage of the ADR process — from pre-mediation strategy to enforcing arbitration awards.
Every engagement begins with a free 30-minute consultation.
Mediation is a voluntary, non-binding process in which a neutral mediator helps the parties negotiate a resolution. Unlike a judge or arbitrator, the mediator does not impose a decision — the parties control the outcome.
Mediation is private and confidential. Nothing said during mediation can be used in court if the process fails. There is no public record, no filed pleadings, and no reported decision.
For Superior Court civil cases filed in Toronto, Ottawa, and Windsor, mandatory mediation is required under Rule 24.1 of the Rules of Civil Procedure. This means parties must attend mediation early in the litigation process, before discoveries and trial.
Mediation can also happen at any stage — before a lawsuit is filed, during litigation, or even after a trial has begun. Many contract disputes and shareholder disputes settle at mediation, avoiding the cost and uncertainty of a trial.
Arbitration is a binding private adjudication. An arbitrator — typically a retired judge or experienced lawyer — hears evidence, reviews submissions, and makes a final decision called an award.
An arbitration award is final and enforceable like a court judgment. The right to appeal is extremely limited. Arbitration is governed by the Ontario Arbitration Act, 1991.
Many commercial contracts — including partnership agreements, commercial leases, and shareholder agreements — contain arbitration clauses that require the parties to arbitrate rather than litigate. Ontario courts generally enforce valid arbitration agreements and will stay court proceedings in favour of arbitration.
Jonathan drafts arbitration and mediation clauses for contracts, ensuring they are clear, enforceable, and appropriate for the type of agreement. If you are entering a new contract, consider including a dispute resolution clause from the start. Learn more about breach of contract claims and when disputes arise.
Choosing the right dispute resolution method depends on several factors. There is no one-size-fits-all answer — the best approach depends on the dispute, the parties, and the desired outcome.
Mediation is the least expensive. Arbitration costs more than mediation but typically less than court litigation. A full trial is the most expensive option.
Mediation can resolve disputes in a single day. Arbitration typically takes months. Court litigation in Ontario can take one to three years or longer.
Both mediation and arbitration are private and confidential. Court proceedings are public — filings, evidence, and decisions become part of the public record.
Arbitration awards are enforceable as court judgments. Mediated settlements are enforceable as contracts. Court judgments carry the full weight of the court system.
Jonathan assesses the facts, the contract, and the relationship between the parties to recommend the most effective path to resolution. In many cases, a combination of approaches — negotiation first, then mediation or arbitration — produces the best outcome.
Jonathan provides the following alternative dispute resolution services for Toronto businesses and individuals:
Representing clients at mandatory and voluntary mediation sessions, including preparation of mediation briefs and negotiation strategy.
Representing clients at arbitration hearings — presenting evidence, examining witnesses, and making legal submissions to the arbitrator.
Drafting and reviewing arbitration, mediation, and dispute resolution clauses for commercial contracts, partnerships, and shareholder agreements.
Enforcing arbitration awards in court and challenging awards on limited statutory grounds under the Arbitration Act, 1991.
Jonathan also handles direct negotiation and settlement on behalf of clients. Many disputes resolve through a well-drafted demand letter and structured negotiation — before mediation or arbitration becomes necessary.
Free 30-minute consultation. No fee, no obligation.
Mediation and arbitration are effective for a wide range of business and commercial disputes. Jonathan regularly handles ADR matters involving:
Whether the dispute involves a Small Claims Court matter or a complex commercial disagreement, Jonathan evaluates whether ADR is the right approach and guides clients through the process from start to finish.
Most business disputes do not need to go to trial. Mediation and arbitration offer faster, cheaper, and more private alternatives — without sacrificing the quality of the outcome.
Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of the Law Society of Ontario since 2011.
When a business dispute threatens your operations, your partnerships, or your bottom line, you need a lawyer who can evaluate the situation quickly and recommend the most cost-effective path to resolution.
If you are facing a business dispute — or expect one is coming — contact Jonathan for a free 30-minute consultation. The sooner you explore your options, the more options you will have.
Call 416-554-1639 or book a free consultation.
Jonathan also handles contract disputes, shareholder disputes, breach of contract claims, and general business law matters. For a practical guide to settlement conferences, read our blog post on Small Claims Court settlement conferences.
Common questions about mediation and arbitration in Ontario.
Mediation is a non-binding process where a neutral mediator helps parties negotiate a settlement — the parties control the outcome. Arbitration is a binding process where an arbitrator hears evidence and makes a final decision, similar to a judge.
Mediation is collaborative; arbitration is adjudicative. Both are private and typically faster and less expensive than court litigation.
For Superior Court civil cases in Toronto, Ottawa, and Windsor, mandatory mediation is required early in the litigation process under Rule 24.1 of the Rules of Civil Procedure.
Small Claims Court uses settlement conferences rather than formal mediation. Private mediation can be agreed to at any time, regardless of whether litigation has been commenced.
If your contract contains an arbitration clause, you may be required to arbitrate rather than litigate. Ontario courts generally enforce valid arbitration agreements and will stay court proceedings in favour of arbitration.
A lawyer can review your contract to determine whether the clause is enforceable and whether any exceptions apply.
A typical commercial mediation takes one day. The preparation and follow-up may add several weeks.
Overall, mediation resolves disputes in weeks or months, compared to one to three years for court litigation. Even if mediation does not result in a full settlement, it often narrows the issues and accelerates resolution.
Mediation costs include the mediator's fees (typically $2,000-$5,000+ split between parties for a full day) plus your lawyer's preparation and attendance fees.
Arbitration costs vary based on the complexity of the dispute and the length of the hearing. Both are typically less expensive than court litigation. Jonathan discusses all fees during the free initial consultation.
Jonathan Kleiman represents Toronto businesses in mediation, arbitration, and negotiation. Faster, cheaper, and more private than court. Free 30-minute consultation.