I help the parties look ahead to find the best way to deal with the problem at hand. Find a solution rather than dwell on the problem.
The temptation is to have a rear view mirror approach to problem solving. My methodology is more a "Windshield Approach" - assisting the parties to each find their own wisdom and reach a mutually agreeable settlement.
My focus is on the future. I assist in finding a solution so the parties can start a new chapter and put their current dispute behind them.
It is normal to experience difficulties in partnerships and amongst shareholders and founders. I have over 30 years experience as a practising business lawyer and have assisted in the resolution of many issues that have arisen amongst business partners, shareholders and founders. I have been involved in the negotiations for financing startups and their IPO's. My approach is to assist in formulating a structure which will minimize future problems.
As well as disputes between partners, shareholders and founders, I have successfully mediated disputes involving buyout of companies' shares and partnership interests to the satisfaction of all involved.
I have experience in all levels of mining from staking and exploration, financing and operating mines.
I started working on legal matters involving the mining industry in the 1980's and, since then have worked on mining projects throughout Western Canada, in Mexico, Costa Rica and Papua New Guinea. My interest in the mining industry started when my family operated a copper mine in the Northern Territory in Australia during the 1960's and 70's.
Mediation is a great way to resolve mining disputes. Disputes can delay mining exploration, development and operations as they work their way through the legal system. Delays can be very costly. Court results can often be unexpected as judges may have little experience in or understanding of the mining industry. Mediation can save time and money and help preserve ongoing relationships with business partners and the community at large.
Mediation can be useful in many aspects of the mining industry, to name a few:
. Consultation, including Participation and Environmental Issues
. Title Disputes
. Access Disputes
. Settling Issues arising from Exploration and Operating Agreements, including Dilution Clauses
. Transportation and Construction Disputes
. Disputes concerning Royalty Payments, Net Smelter Returns, Net Profits Interests
I tailor the mediation process to take into account each party’s procedural needs and their future business interests. I design a process that is compatible with the values of the participants and takes account of constraints such as budgets, deadlines and applicable laws. The goal is to reach an outcome which will satisfy the parties substantively, procedurally and psychologically. I use a forward focused style of mediation by working with the parties to elicit their interests, positions and alternatives in order to jointly generate new options that will meet their mutual needs. I place emphasis on prior preparation, stimulating creativity and collaborative problem-solving, even in tough disputes that have been adversarial to date. I encourage the parties to work jointly, and also use private meetings to move the process along or at the request of a party.