A practice group of Nixon Wenger LLP · Vernon, B.C.

Resolving disputes with clarity, discretion, and results.

Okanagan ADR brings decades of courtroom and dispute-resolution experience to mediation and arbitration across the Okanagan Valley and throughout British Columbia — a faster, more private, and more cost-effective path to resolution.

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What we do

Alternative Dispute Resolution, done right

Alternative Dispute Resolution (ADR) offers parties a way to resolve disputes without the expense, delay, and unpredictability of a courtroom trial. At Okanagan ADR we provide two core services — mediation and arbitration — tailored to the needs of the parties and the nature of the dispute.

Mediation

A collaborative, confidential process in which a neutral mediator helps the parties reach their own mutually acceptable settlement.

Learn about mediation →

Arbitration

A private, binding process in which a neutral arbitrator hears the evidence and renders a decision that resolves the dispute.

Learn about arbitration →

Mediation

What is mediation?

Mediation is a voluntary, confidential process in which a neutral third party — the mediator — assists the parties in negotiating a resolution to their dispute. The mediator does not decide who is right or wrong and does not impose an outcome. Instead, the mediator facilitates communication, helps clarify the issues, explores each side’s underlying interests, and guides the parties toward a settlement they craft themselves.

Because any resolution is reached by agreement, mediation gives the parties control over the outcome. Discussions are “without prejudice,” meaning what is said in mediation generally cannot be used later in court. A successful mediation typically concludes with a written settlement agreement that is binding on the parties.

When mediation works well

  • Parties want to preserve an ongoing relationship — family, business, or community
  • Confidentiality and privacy are a priority
  • The parties want flexible, creative solutions a court could not order
  • Early resolution can save significant time and cost

Arbitration

What is arbitration?

Arbitration is a private adjudicative process in which the parties agree to submit their dispute to a neutral arbitrator (or panel of arbitrators) rather than to a court. After hearing the evidence and the parties’ submissions, the arbitrator renders a decision — called an award — that resolves the dispute. In most cases the award is final and binding, and it can be enforced much like a court judgment.

Arbitration resembles a streamlined trial, but the parties enjoy far greater control: they can select an arbitrator with relevant expertise, agree on the procedure and timetable, and keep the proceedings and outcome confidential. In British Columbia, arbitration is governed by the Arbitration Act and, for cross-border matters, the International Commercial Arbitration Act.

Well suited to

  • Commercial and contract disputes, including those with an arbitration clause
  • Estate, shareholder, and partnership disputes
  • Matters requiring subject-matter expertise from the decision-maker
  • Parties who need a binding, enforceable, and private resolution

Why choose ADR

The benefits of mediation and arbitration

Both processes share the advantages that make ADR an attractive alternative to litigation — while each offers distinct strengths depending on your goals.

01

Cost-effective

Resolving a dispute through ADR is typically far less expensive than a full trial and the appeals that may follow.

02

Faster resolution

Matters can be scheduled in weeks or months rather than waiting years for court availability.

03

Private & confidential

Unlike open court, ADR proceedings and outcomes are kept out of the public record.

04

Party control

The parties choose the neutral, shape the process, and — in mediation — craft the outcome themselves.

05

Expertise

You select a neutral with the specific legal and subject-matter knowledge your dispute requires.

06

Preserves relationships

A less adversarial process helps maintain business, family, and community relationships.

Mediation vs. Arbitration at a glance

ConsiderationMediationArbitration
Who decides the outcome?The parties, by agreementThe arbitrator, by binding award
Role of the neutralFacilitates negotiationHears evidence and decides
Is the result binding?Only if a settlement is reachedYes — final and enforceable
FormalityInformal and flexibleStructured, like a private trial
Confidential?YesYes
Best when…Preserving relationships & control matterA definitive, enforceable ruling is needed

Our team

Experienced neutrals you can trust

Okanagan ADR is led by two senior litigators from Nixon Wenger LLP, each with formal dispute-resolution credentials and a deep record of resolving complex disputes.

Portrait of Michael Yawney, K.C.

Michael Yawney, K.C.

Partner & Senior Litigation Counsel · Arbitrator & Mediator

Michael Yawney, K.C., is a senior litigation partner at Nixon Wenger LLP with more than 25 years of experience before the Supreme and Appeal Courts of British Columbia and Alberta, as well as in mediations, arbitrations, and administrative tribunals. Known for a caring but tenacious approach, he has secured numerous multi-million-dollar results for his clients, including judgments and settlements ranging from several hundred thousand dollars to $14 million.

His appointment as King’s Counsel recognizes his contribution to the profession. Michael holds a Master of Laws (LL.M.) specializing in Civil Litigation and Dispute Resolution, a Certificate in Organizational Coaching from UBC, and an Arbitrator Certificate from Royal Roads University — credentials that anchor his neutral practice.

  • Called to the Bar: British Columbia, 1991
  • LL.M.: Civil Litigation & Dispute Resolution, York University (2011)
  • LL.B.: University of British Columbia (1990)
  • Arbitrator Certificate: Royal Roads University (2025)
  • Organizational Coaching Certificate: UBC (2024)

Full profile at Nixon Wenger LLP →

Portrait of Christopher Hart

Christopher Hart, Q.Arb.

Partner · Arbitrator & Counsel

Christopher Hart is a partner at Nixon Wenger LLP whose practice spans civil litigation, estate litigation, and personal injury law. He regularly appears as lead counsel in trials, arbitrations, and appeals throughout British Columbia, and has argued before the Federal Court of Canada and courts in Ontario and Alberta. He began his career in 2012 at Borden Ladner Gervais LLP in Ottawa before relocating to the Okanagan in 2016.

In 2025 Christopher earned his Qualified Arbitrator (Q.Arb.) designation from the ADR Institute of Canada, formally expanding his practice to include arbitration services. A former instructor of estate litigation at the Thompson Rivers University Faculty of Law, he brings analytical rigour — grounded in a graduate background in chemistry — to every dispute he helps resolve.

  • Called to the Bar: 2012
  • Q.Arb. Designation: ADR Institute of Canada (2025)
  • J.D.: University of Ottawa (2011)
  • M.Sc. Chemistry: University of Ottawa (2010)
  • B.Sc. (Hons) Chemistry: Queen’s University (2006)

Full profile at Nixon Wenger LLP →

Get in touch

Contact Okanagan ADR

To discuss whether mediation or arbitration is right for your dispute, or to schedule a neutral, please reach out. We serve clients throughout the Okanagan and across British Columbia.

Request a consultation

Pressing “Send Inquiry” opens your email program with the message ready to send to info@okanaganadr.com. For urgent matters, please call the office directly.