We take a professional, practical, and prudent approach.

Mediation Services

Litigation in today’s society has become expensive and the adversarial litigation process often destroys valuable relationships and opportunities along the way. Summit Capital provides corporate alternative dispute resolution mechanisms to management so as to solve problems and help retain valuable business and network relationships. At Summit Capital we have professionals that are mediators with a wealth of experience dealing with a multitude of problems that arise in day-to-day business. Our mediators and arbitrators conform to a strict code of ethics and are trained to resolve issues and retain relationships. In addition to the formalized mediation and arbitration processes we often provide “shuttle diplomacy” services when appropriate for sensitive but less involved circumstances.

We have dealt with many Alternative Dispute Resolution activities across of wide variety of industries and conflicts, including:

• Commercial mediation


• Labor dispute resolution


• International commercial mediation


• Shareholder/management mediation


• Shareholder dispute resolution


• Partnership mediation

There is currently no legislation governing the practice and procedure of mediation. Accordingly, it is important that anyone seeking a mediator consider these guidelines in making their selection. A prospective mediator should be asked about his background, expertise and training in mediation and also in the area of dispute. The mediator should clearly explain the procedures he or she intends to follow in the mediation and why. The roles of the parties to the mediation should also be laid out to ensure that the parties can properly prepare for the process. A list of references provided by the mediator may assist in narrowing down the final choice of mediator.

The mediator must be impartial and independent with no prior involvement in the dispute. This impartiality must be assessed by each of the parties both in fact and in conduct of the mediator prior to the mediation. If a bias or perception of bias develops at some point during the mediation, either the mediator or one of the parties may terminate the mediation. Mediation can be conducted with either one or a number of mediators. A panel of two or more mediators is generally utilized where the dispute is more complex, involving a number of areas of expertise, or where the dispute involves more than two parties. Where more than one mediator is utilized, it is important to ensure that the mediators can work together effectively.

Because of the wide scope of subjects that may be submitted to mediation, the Society cannot and does not endorse or evaluate any individual as being of the right background or experience to conduct mediation. In all cases, the parties must assure themselves that the individual(s) chosen as mediator has the right qualification and skill. These qualifications include background, training and experience as well as ability as a mediator. Different blends of these factors will determine who is the best candidate. Once a suitable candidate is chosen the matter of fees, timing and any specific procedure must be discussed. Generally, an Agreement to Mediate, is drawn up and signed by each of the parties and mediator prior to the mediation which clearly outlines these matters. A “Mediation Planner” will have the resources to assist you to make this decision and ensure competence, experience and that proper documentation is in place.

Often when attempting to mediate, one party will have the idea but experience difficulty in extending the invitation to the other party or parties, in the dispute. Securing acceptance of the mediation concept is often more likely if the invitation is extended through a neutral Mediation Planner. A mediation Planner will maximize the opportunity for a successful event and will arrange the logistics and documentation. You can expect that a Mediation Planner will:

• extend a formal invitation to the other party or parties in the dispute for you,
• from a neutral position, explain the merits of mediation, the value of considering mediation and all the procedures and routines,
• determine who should be present at the mediation and arrange for their attendance,
• secure a date and time suitable to the participants,
• arrange for the participants to execute agreements to ensure full understanding and the proper level of commitment to participate,
• arrange for a neutral venue – non-threatening, convenient to all, comfortable and with the necessary amenities,
• select a mediator suitable for the nature of the dispute, subject to the agreement by the principals,
• from the participants, secure a summary of the salient matters surrounding the case for the mediators guidance,
• remind the participants of the date, time and location 24 hours prior to the mediation; and,
• supply the proper documentation to be executed at the mediation.