August 23, 2005                                                                                                                                                    

Writer’s direct line

                                                                                                                                                                                 (416) 365-1030 Ext. 103

                                                                                                                                                                                    bcatherton@ablaw.ca

Dear Client:

Re:    ADR/Mediation Practice

I am pleased to announce that am I now available to conduct arbitrations and mediations.  

For the past 25 years, I have litigated both tort and first party claims on behalf of Plaintiffs and Defendants and appeared before every level of court in Ontario. With the introduction of the Ontario Motorist Protection Plan, I became interested in the Government’s proposal to use Alternative Dispute Resolution.  During my tenure with the insurance section of the Canadian Bar Association, I prepared a brief on ADR in the United States and Canada and became convinced that Alternative Dispute Resolution will come to equal or possibly surpass litigation as the principal method of resolving disputes.  This belief led to my successful completion of the Arbitration Program offered by the Arbitration and Mediation Institute of Ontario.

This experience was useful in establishing a number of precedents at the Financial Services Commission involving the interpretation of OMPP, Bill 164 and Bill 59. My continuing interest in ADR led to establishing a significant practice involving priority disputes and loss transfer and in fact I was counsel in the first priority dispute arbitration after the implementation of Regulation 283/95.

Having resolved hundreds of tort and first party claims at mediation, I am aware of the potential it offers to save costs for all parties.  In order to enhance my knowledge of the process I recently completed the Windsor Law School Certificate Program in ADR/Mediation. This training provides me with invaluable insight into those factors which assist both parties in achieving a successful resolution of their dispute.

Attached is a copy of my fee schedule. I have early dates available for both arbitration and mediation. To book an appointment, please contact my ADR co-ordinator, Sheila Calero, at 416 365-1030 ext. 105. For more information on Atherton Barristers please visit our website at www.athertonbarristers.com.

I am excited about adding arbitration and mediation to my existing practice and I look forward to working with you in the near future.  

Yours very truly,

ATHERTON BARRISTERS

BRIAN C. ATHERTON

BCA/cl