Civil Mediation & Arbitration
Genevieve has been a Chartered Mediator of the Arbitration and Mediation Institute of Canada since 1995 and has worked as a mediator since 1989.
When she carries out a mediation mandate Genevieve facilitates negotiations among disputing parties (with their legal representatives) to help them find a mutually acceptable settlement. In most situations litigation is possible, pending or threatened, and participants want to avoid the associated costs and risks.
To the extent possible Genevieve works in an interest-based way so that mediation participants create settlements that respond to their underlying needs instead of bargaining over positions.
Genevieve is a member of the Toronto Local Mediation Committee for the Ontario Mandatory Mediation Program and assesses candidates for its public roster as well as for the Chartered Mediator designation.
Since 1989, Genevieve Chornenki had mediated a wide range of disputes including:
Although Genevieve has legal training, she does not practise law and does not advocate or provide legal advice to any party in any context including mediation.
Genevieve is a Chartered Arbitrator of the Arbitration and Mediation Institute of Canada. In 1994 she was also granted the designation of Fellow of the Chartered Institute of Arbitrators.
When she carries out an arbitration mandate Genevieve listens to (or reads) evidence and arguments from participants, analyzes their competing submissions and provides a reasoned decision that decides the dispute in a legally binding way.
Genevieve considers arbitration to be an impasse-breaking mechanism for parties who are unable or unwilling to negotiate their own mutually acceptable settlement directly or through mediation. She works collaboratively with participants to design the most straightforward and economical arbitration process, and once the arbitration begins she does not unilaterally modify the mandate to resort to mediation.
Since 1997 Genevieve has assessed and coached arbitrators for a cross-Canada consumer arbitration program. In 2006 when Ontario's Arbitration Act was amended, she developed "Intensive Arbitration", a condensed, hands-on course to teach collaborative & family mediators and lawyers the principles of arbitration.
Since 1989 Genevieve has arbitrated issues otherwise destined for litigation including disputes relating to:
Although Genevieve has legal training, she does not practise law and does not advocate or provide legal advice to any party in any context including arbitration.
If all parties agree in advance, Genevieve conducts a hybrid form of ADR known as Med-Arb where she has a sequential mandate to mediate and then arbitrate if the parties do not settle at mediation. The two stages of the process are discrete and the transition between them is explicit.
In the mediation stage, Genevieve facilitates settlement discussions with a view to having the parties reach a mutually agreeable outcome.
When settlement is not possible, Genevieve transitions participants into the arbitration stage and assumes the role of decision-maker who listens to evidence and argument and renders a final and legally binding decisions with written reasons.
Genevieve has also performed an unconventional mandate of "Ob-Arb" where she served as a neutral observer in a commercial negotiation with a view to becoming the arbitrator if the parties did not come to terms on all issues.
Copyright © 2008-2012, Genevieve A. Chornenki,