While litigation in construction lien issues takes place within the formal, court system, parties have the ability to take such disputes outside of their system and into the hands of their community leaders.
In Ontario and other common-law jurisdictions, legal disputes are subject to what is known as an “adversarial” process. Many lawyers take this approach too close to heart. While lawyers may be skeptical of ADR, perhaps we should begin relationships with opposing counsel from a position of trust rather than combat.