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ADR Clauses in Business and Commercial Contracts
Too often shareholder agreements in privately-held corporations are drafted without a dispute resolution clause and /or a mechanism for buy out or sale of a shareholder’s shares. This can be problematic when disputes arise as unless the parties agree to proceed to mediation or arbitration, the disputes often become the subject of litigation. Shareholder dispute litigation is very expensive and can result in a court imposed remedies that neither party wants, i.e. winding up and sale of the business, appointment of a receiver or a third-party evaluation of the value of the shares. A mediated solution is often a better alternative to narrow issues or to resolve all issues outside of the courts. Learn more about this topic, examine what constitutes a good dispute resolution (DR) clause contain, and consider how you can promote ADR to the legal community and businesses.
Presenter: Robin A. Dodokin B.A, LL.B, LL.M, Q.Med
Robin Dodokin’s conflict resolution expertise includes effectively representing creditors, financial institutions, debtors, business owners, companies, trustees, insolvency practitioners and individuals in business and insolvency matters and mediating disputes between business partners or owners, family members or beneficiaries. Robin brings her unique skills as a commercial litigator, insolvency lawyer, certified mediator, negotiator, coach and problem solver to all of her engagements. Robin obtained an LLM in Alternative Dispute Resolution, has a Certificate in Family Business Advising from the Family Firm Institute, and was trained as a coach at CTI. Robin is a long-time member of ADRIO, the Chair of the Ontario Bar Association Insolvency Law Section, and a volunteer mediator with Pro Bono Ontario. For more info, visit https://dodokinlaw.com/robin-dodokin/
Michael Erdle, C.Med, C.Arb, FCIArb, Vice-Chair
Daryl Landau, M.A., M.Sc., FDRP Med., Vice-Chair