What is it? An arbitration is a more formal process than a mediation. An Arbitration is a neutral third-party decision maker who acts like a “judge” in a court. The decision is bound by the current law and their interpretation of it. The process is the parties’, in consultation with the arbitrator. Arbitrators can listen to testimony, review evidence and make a final ruling on an issue, a few issues or on all the issues in your matter. Getting an appointment with an arbitrator is more efficient than waiting months or years for your matter to be heard at trial. The end result is a decision from the Arbitrator that you can then work with.
Role of the Arbitrator The Arbitrator’s role is to hear your matter and make a decision based on the evidence put in front of them. How they hear or review the evidence is up to the parties and the arbitrator and can involve everything from hearing testimony from witnesses, to reading Affidavits and other reports and reviewing materials. The parties, along with the arbitrator can also decide how extensive of a decision they will give in support of their findings.
Types: We specialize in the following types of arbitration:
Parenting time, Decision-making
Child inclusive arbitration
If you would like to schedule an Arbitration, discuss it with your legal counsel or Contact us.
Advantages to Arbitration
Similar to a court matter, where a third-party decision-maker makes a decision based on evidence and application to the law
Quicker to get a final decision than through the court system
Fully customizable: decide which issues to determine, how to introduce evidence and how decision will be made
Procedure is known to all parties, and the parties can be involved in the development of the procedure
Can be less expensive than a full court process.
FREQUENTLY ASKED QUESTIONS (Click for answer)
Is an arbitration binding?
An arbitration, however, is binding as you sign an agreement agreeing that the decision will be binding and an arbitrator will normally set out some form of decision to provide to all parties in the matter. The type and extent of decision will be determined by the arbitrators and parties’ preferences and agreements as to process of the arbitration. Parties can enter into agreements providing for arbitrations that are non-binding as well.
What is an arbitration agreement?
An arbitration agreement is an agreement between the parties and an arbitrator as to the issues to be resolved in an arbitration, the process of an arbitration and indicating that the arbitration is “final and binding”. It is through this contract that an arbitration can happen. In a mediation-arbitration, you sign a mediation-arbitration agreement providing that first the parties will try mediation and then will go to arbitration. A party needs Independent Legal Advice or a waiver of Independent Legal Advice to sign an Arbitration Agreement.
Can an arbitrator resolve our entire matter?
Yes. An arbitrator can resolve as many issues or as few issues as you have agreed to in the arbitration Agreement.
Can an arbitrator make a decision that is temporary or only final decisions?
An arbitrator can make decisions that are interim (temporary) in nature and final decisions. It all depends on what has been agreed upon in the Arbitration Agreement.
We have agreed that we don’t want to give oral evidence and all the information is in our financial records. Do we have to be “put on the stand” during the arbitration?
Feel free to discuss this with your arbitrator. If the arbitrator is agreeable you can produce all evidence in written form so you don’t have to “go on the stand”.