An Arbitration is a dispute resolution process where an Arbitrator, a neutral third party, is jointly selected by the clients to make decisions. An Arbitration can be described as a private informal court setting. Arbitration is governed by law and is binding.The Arbitrator analyzes the evidence, makes fact findings, applies the facts to the contract or legislation and writes a decision called an Award.The Arbitrator’s Award can be influenced by but is not normally bound by other Arbitration decisions or precedents.
The Arbitration Award is final and binding subject to the limited rights to appeal.
The Arbitrator in their Award/decision determines the resolution. Arbitration functions within the framework of the laws but is less formal.
The Arbitrator decides each case according to its merits. The Arbitration Award can be registered as a public record of the legal system. This may be of concern for clients who do not wish for there dispute to be part of public records.
An Arbitrator will be utilized when the parties do not wish to determine their own decisions. The parties agree to allow another third party to make a decision for them.
Clients will choose an Arbitrator, and the Arbitration process as it is more timely and less costly process than a court decision.
Arbitrators are used in a wide variety of disputes: family issues, wrongful dismissals, contract issues, buy-sell agreements and other types of disputes.
The Arbitrator will hear the submissions from each client and their representatives and produce a written decision.
The Arbitrator must be formally trained, and must comply to professional obligations through Alternate Dispute Resolution Institute of Canada.
An Arbitrator will consider the onus of each party in the specifics of the matter, and will apply their principles of interpretation to produce their decision.
An Arbitrator is not biased. An Arbitrator will use only evidence presented. An Arbitrator will assess the creditability of the information and will weigh the evidence in producing a decision. An Arbitrator can use discretion, but this must be explained in their decision.
An Arbitrator will provide reasons and rationale for their decision.
A decision by an Arbitrator will provide complete explanations for their decision, so that both parties understand and can better accept the decision. The decision must be reasonable, justifiable, transparent and intelligible.
In the Arbitration process, the Arbitrator will listen to the submissions of each party, and then consider the facts and evaluate all information presented and make a decision that will apply for both parties. An Arbitrator is to follow a process and guidelines to provide an organized and professional decision.
The Arbitration process includes, the Arbitrator listening to the issues, listening and analyzing the evidence that is presented by each client, a thorough analysis of all information is completed, and a decision is made by the Arbitrator. The parties can provide an Agreed Statement of Facts of the situation to speed the Arbitration process. An Arbitrator is to provide clear explanations of their decisions, in clear language. A decision by an Arbitrator will be in written format and shared with the clients.
Arbitrators do not need to be lawyers. Seek Arbitrators who have a formal designation to indicate that they have completed specific training.
