In civil matters the disputants can be individuals, corporations, estate trustees, governments or their agencies and other legal entities.

In general terms the steps in a civil court proceeding may be summarized as follows:

A case is started by the service and filing of a Statement of Claim or Notice of Application. The defendant has twenty days to file a statement of defence and, if appropriate, a counter claim. Other parties can be added where necessary and appropriate.

In some parts of Ontario, including Ottawa, the parties must participate in mandatory mediation before the case can proceed. A mediator meets with the parties and counsel to assist the parties to settle their dispute if possible.

Each side has an opportunity to learn the details of the case to be presented by the other side before trial. This is called the discovery stage. Each side provides the other with a list of the documents to be used, witnesses to be called and a summary of their expected testimony, experts reports and particulars of damages being claimed. Each side has the right to examine (question) the other party under oath.

Before the case goes to trial there must be a pretrial held before a judge who would not be the trial judge. The purpose of the pretrial is to give the parties a chance to settle with the assistance and encouragement of the pretrial judge. Each side provides the pretrial judge with a case brief. The judge meets with counsel (and occasionally the parties) to encourage settlement and where that is not possible to narrow the issues to go on to trial.

Cases which are not settled go on to trial before a single judge or a judge sitting with a jury. Each side has an opportunity to call its witnesses and make submissions, following which the judge makes a decision.

A successful party will normally be awarded costs, meaning that the loser has to pay part of the winner's legal costs.

Trial judges are required to apply the relevant and current Ontario law pertaining to the specific subject matter. The law is derived from the Ontario Statutes (see Ontario E-Laws) and case law. After a judge considers the facts, he/she normally will consider the facts in relation to the relevant statute and then look to the case law to see how other judges have interpreted the statute in relation to similar facts.

Civil actions are a necessity in cases where the parties are unable to reach a private settlement. Civil actions tend to be slow moving and very expensive, but in cases which cannot settle, they are the only means to obtain a resolution to the dispute.

Mediation (see Family Mediation)
Mediation is a process in which the parties resolve issues themselves with the assistance of a mediator. The mediator's role is to act as the neutral facilitator. The mediator meets with the parties to identify the issues, listen carefully to each other's point of view, consider options for settlement and create an agreement to resolve the dispute.

Parties can mediate with or without counsel present. Mediation, other than the mandatory mediation referred to above, is a voluntary process. The mediator, who may or may not be a lawyer, is not a legal advisor to either or both of the parties and has no decision making authority. In mediation, unlike almost any other process, the parties are given the chance to express themselves and be heard. Because the decision making authority rests with the parties, they will tailor a solution to their own needs. Parties are more likely to be satisfied with and bind themselves to a resolution which they have created themselves.

Mediation has a high success rate. It is said that 80 per cent of all issues taken to mediation are successfully resolved. Generally, mediation is a much faster and less costly process than litigation.

Mediation can be employed by parties at any stage in a dispute. Sometimes parties who were not willing to consider mediation at the beginning of a dispute (and who may be well along in the litigation progress) recognize that despite their investment in the litigation progress it will still be to their mutual advantage to resolve matters using litigation.

Arbitration
Arbitration is a process in which the parties choose an arbitrator to whom they give the authority to decide the issues in dispute. Parties will normally choose an arbitrator who has familiarity with the type of issue in dispute.

The parties to an arbitration are usually assisted by lawyers in the presentation of their case, including witnesses and submissions. The process has the appearance of a trial with the arbitrator sitting as judge. Generally, however, the proceedings will be less formal than is required in court.

Robert Hammond has appeared as counsel before all levels of the Ontario Courts system, including the Superior Court of Justice, the Divisional Court and the Court of Appeal. In addition, he has extensive experience before various tribunals, including the Ontario Municipal Board, the Ontario Consent and Capacity Review Board, the Ontario Review Board and the Ontario Rental Housing Tribunal. Mr. Hammond has trained in mediation and is accredited as a family mediator by the Ontario Association for Family Mediation. Mr. Hammond is a roster mediator with the Mediation Centre for Eastern Ontario and with UFC Mediation Inc.

Elizabeth Osborne has appeared as counsel before all levels of the Ontario Courts system, including the Superior Court of Justice, the Divisional Court and the Court of Appeal. Ms. Osborne has acted as counsel before various tribunals in Ontario, including the Ontario Social Assistance Review Board, the Ontario Consent and Capacity Review Board and others. Ms. Osborne has been a deputy judge of the Small Claims Court at Brockville for more than 10 years.

Specific areas of civil dispute in which this firm offers legal representation in mediation and arbitration:

Employment
Advice and representation in matters involving Employment Law, including preparation of employment contracts, negotiation of severance packages and presentation or defence of claims for damages for wrongful dismissal.

Contract
Advice and representation in matters involving contractual arrangements, including negotiation and preparation of contracts and agreements and litigation of contractual disputes.

Estate Disputes
Advice and representation in estate matters, including negotiation of disputes between executors and beneficiaries and applications to court for the interpretation of wills and resolution of other estate disputes, including presentation and defence of claims under the Successional Reform Act and the Family Law Act.

Insurance
Advice and representation in matters involving claims under insurance policies of various kinds, including fire, automobile, theft, storm, disability and life coverages.

Construction Lien
Advice and representation of plaintiffs and defendants in construction lien claims, both residential and commercial.

Real Estate and Boundary
Advice and representation in disputes relating to real property (land), including claims under agreements of purchase and sale, defects in title and building or land, easements for rights of way, adverse possession, leaseholds and other issues.