Alternatives to Trial

The great majority of civil lawsuits settle prior to trial. In recognition of that fact, we consider the possibility of reasonable settlement throughout our handling of every litigation matter. In the interest of minimizing legal costs, we actively explore creative settlement initiatives at an early stage of each dispute, provided only that we have had sufficient opportunity to complete the investigative process.

Frequently, alternative dispute resolution processes, such as private mediation, can be facilitated by productive settlement discussions. Petrillo Law is committed to the effective use of A.D.R., and both of our lawyers have completed training in negotiation techniques at Harvard Law School. Mr. Petrillo has additionally completed Harvard’s mediation workshop, and Mr. Harris was previously a Roster Arbitrator for the Ontario Insurance Commission (now the Financial Services Commission of Ontario).

Finally, where it appears that one of the parties’ claim or defence is essentially devoid of any merit, motion for summary judgment should be considered. This process requires the moving party to satisfy the court, on the basis of affidavit evidence, that there is no genuine issue for trial and that the action should not proceed further. Although the facts are rarely sufficiently obvious to pass the ‘no genuine issue’ test, summary judgment motions can yield timely and cost-effective remedies in appropriate cases.