Disputes offer opportunities; you can manage risk or create new ventures.
Bernard C. Jasper is Jasper Law, focused on dispute resolutions through advocating and negotiating for his clients, using legal skills to eliminate obstacles.
Areas of Practice
- Dispute Resolution
- Contract Enforcement
- Real Estate
- Intellectual Property
- Real Property
- Employment
- Bankruptcy
- Securities
- Litigation
- Debt Collection
- Appeals
- Personal Injury
- Probate
- Family Law
Catering to businesspersons and entrepreneurs of every size and type, Ben Jasper specializes in business law and business litigation, and acting as a comprehensive general counsel. Using lawsuits and dispute resolution, along with more than 35 years of experience, as tools to achieve the client’s goal, Mr. Jasper partners with the client to understand and evaluate the client’s situation and stated goals.
Throughout his distinguished career, Mr. Jasper navigated diverse legal environments. From working on a dispute where litigation spanned decades, resolving in three days a conflict threatening to destroy a family business or counseling business shareholders concerned about generational or end-of-life transitions, his extensive background encompasses all facets of the law. Mr. Jasper’s first trial, a victory, came with less than 30 minutes’ notice and no pretrial meetings with the client, and no file to understand issues or develop exhibits. This experience helped cement Mr. Jasper’s dedication to preparation.
About Me
Throughout his distinguished career, Mr. Jasper navigated diverse legal environments. From working on a dispute where litigation spanned decades, resolving in three days a conflict threatening to destroy a family business or counseling business shareholders concerned about generational or end-of-life transitions, his extensive background encompasses all facets of the law. Mr. Jasper’s first trial, a victory, came with less than 30 minutes’ notice, no pretrial meetings with the client, and no file to understand issues or develop exhibits. This experience helped cement Mr. Jasper’s dedication to preparation.
From managing a litigation practice at a full-service firm to working in firms of various sizes to operating his own “shop,” Mr. Jasper honed his skills as a business and trial lawyer. His current practice includes supporting other firms with litigation issues that firm wants to retain but requires increased skill sets to properly manage. As a small firm, he also provides support to lawyers and law firms who may find defending a corporation and its leadership gives rise to conflicts and tactical issues.
My Approach
My experiences span pretrial motion work, every alternative dispute resolution method, probates, trials and appeals both pursuing and defending against contract interpretation and enforcement, real estate and intellectual property development, employment and intellectual property issues including class actions, bankruptcy filings and defenses, securities administrative litigation, debt collection, appeals, personal injury actions and defense, probate, and family law cases.
Mr. Jasper leverages his wealth of experience to anticipate and manage disputes, providing clients with strategic counsel tailored to their needs. Each dispute – legal, factual interpersonal – creates opportunities. Clients must be presented notice of the opportunity, allowing each client/business to determine the level of acceptable risk, when identifying the goal to be achieved in resolving the dispute..
What people are saying
Dear Bernard (Ben), I’ve written this recommendation of your work to share with other LinkedIn users. Details of the Recommendation: “It is hard to pick from the attributes because I could have picked them all and still been accurate. Ben understood the problems we would soon have and was ready for the solution which made our matter flow efficiently to the proper result. He can do this for you, too.” Service Category: Business Consultant Year first hired: 2012 Top Qualities: Great Results, High Integrity, Creative.
Resolving Disputes –
Think about your options
What is "Dispute Resolution"?
“Dispute Resolution” (DR) is the term used to describe a variety of ways of dealing with disputes, including the option of going to court.
“Alternative Dispute Resolution (ADR),” a term you may have heard before, refers to resolving disputes in ways other than going to court. This pamphlet uses the term DR rather than ADR to remind you that there is a broader range of dispute resolution options.
People get involved in many types of disputes. With the variety of DR options available, you can choose the best method for dealing with your particular situation. You may choose one way to deal with a child custody dispute whereas an employment problem or a dispute with your municipality might call for something different.
There are three commonly used methods of resolving disputes without going to court:
Negotiation
Mediation
Arbitration
These methods are described in this pamphlet and each involves a process. Although the formal court process is not discussed in here, it too is an option. In fact, sometimes the court will be the necessary route to follow. Remember that you may often be able to deal with your problem informally through discussions. Working together, you can try to reach an agreement that will suit you both.
Conflict
Conflict is a fact of life. We face problems and disagreements all the time: at home, on the job, and in our neighbourhoods. Not all these disputes are serious, and we may choose to ignore some without any consequences. However, some are more serious and cannot be ignored. If they are not dealt with, they may become worse and take time and money to resolve.
Going to court is one way of settling a dispute. However, it can be costly and time consuming. Moreover, it is not always a satisfying process for the parties involved. More and more, people are looking outside the courtroom for quicker and potentially less costly alternatives for resolving disputes. This pamphlet outlines some of these options.
Negotiation
People who disagree can often get together to discuss the problem and reach a mutual agreement. When people sort out a problem themselves, they can work out a solution that best meets their own needs and interests.
Solving disputes through negotiation is a part of everyday life. For instance, in a situation where your teenager asks you for the car keys, after some discussion you reach an agreement on conditions for using the car and when to return home. This is an example of negotiation.
Effective negotiation skills and methods can be learned. You can read books or take courses to improve your negotiating technique. In some cases, you may also prefer to hire a lawyer, advocate, or counsellor who has the expertise to help you to negotiate or who can negotiate on your behalf.
Mediation
People involved in a dispute can ask a mediator, an unbiased and impartial person, to assist them in their negotiations. Where negotiation has not been successful, the mediator can often help to ease tension and encourage discussion between the parties. The mediator can help the parties themselves find a solution that can often result in a “win-win” situation, where everyone is satisfied with the result. Participation in mediation may or may not be voluntary. For example, some courts require that certain cases be referred to mediation before a trial can be scheduled. Either way, the mediator cannot force you to settle the dispute or to accept a particular solution.
A common reason for choosing mediation is that the mediator helps the parties reach an outcome that satisfies them rather than one aimed at proving right and wrong. Through mediation, parties are able to work together to reach a solution which can be more creative than that which a court would impose. Courts are somewhat limited in the remedies that they can provide to resolve disputes.
The cost of mediation is usually shared between the parties. In most cases it is not necessary for lawyers to be present during the mediation process.
Situations that lend themselves well to mediation are certain family disputes, business disagreements, contract disputes, insurance claims, as well as employment and environmental issues, to name a few.
If gender or cultural differences are making it difficult to resolve issues or conflicts or if there is such a clear inequality in bargaining power so as to make you question whether you could resolve your issues through mediation, talk to someone about your concerns. Choose the process that is best for you. The section in this pamphlet entitled “Where to Get More Information” can help to put you in touch with people who can help you make this choice.
Arbitration
When people in a dispute cannot resolve the dispute themselves, either through face-to-face negotiation or with the assistance of a mediator, they can agree to refer the matter to arbitration. In arbitration, a neutral person or panel of people hears the facts and issues and makes a decision. Arbitrators are often people who are experts in a specific area of the law or a particular industry, especially in cases where the decision-maker needs to be knowledgeable about a particular subject matter or business practice.
The arbitrator or panel is usually chosen by the parties together. If they can’t agree they can have an acceptable person or organization choose the arbitrator for them. Otherwise, each can choose an arbitrator, and the two arbitrators will then choose a third to make a panel of three. In some instances parties may prefer to have their matter heard before a panel.
Arbitration tends to be less formal and quicker than going to court. The parties can agree in advance on the ground rules for the arbitration (as opposed to court procedures which are fixed). One or both parties may have a representative speak for them at the arbitration hearing or they may speak for themselves.
The arbitrator then makes a decision based on the facts, any contract between the people, and the applicable laws. The arbitrator will explain how the decision was reached. If the applicable law allows, you can decide yourself in advance whether the arbitrator’s decision will be final and binding or whether it should be subject to review by a court if a party disagrees with the decision.
The arbitrator may also make a decision on costs. Depending on how complex the case is and how long it takes to resolve, arbitration usually costs less than going to trial.
How Do You Convince the Person You Disagree With to Participate?
Not everyone will immediately agree to participate in a mediation or other DR process. They may need more information about how the process works and whether it meets their needs. They may also need some time to realize the cost and time involved in taking the dispute to court.
Emotions are often highly charged. People may be angry or so intent on proving the other “wrong” that nothing other than having their day in court will appeal to them. Sometimes, merely waiting a few days or weeks can make a difference and parties may be more willing to discuss the options more calmly and openly.
If you need help to contact the other party to explain the advantages of using other DR options, consider consulting a third party who is trained to act as an impartial outsider to assist you. He or she can make a presentation on the benefits of DR and answer any questions about the processes (see Where Can You Get More Information?).
Don’t be discouraged. Even if the other party insists on going to court, remember that DR processes can be used at any time – even after a lawsuit has been filed.
When Should You Consider DR?
The sooner, the better.
As time goes by, it may become harder to agree on a solution that satisfies everyone. Each side will become convinced they are “right” and the other side is “wrong.”
Your lawyer, if you have one, may suggest you try mediation before going to court. Or, you may be advised that it would be cheaper and faster to have the dispute go to arbitration. The fact is that most court actions settle before trial. Using DR methods early can save both the time and money involved in taking a dispute to court.
Even if you’re already in court or have begun the process of going to court, you can still use other DR options. In fact, many courts have established dispute resolution programs that require parties to participate in some other form of DR prior to proceeding with their court action. The court office or your lawyer should be able to inform you of any such program in your community.