ARBITRATION

The use of an arbitrator enables parties to have the benefit of an experienced professional to logically and thoroughly review their submissions, evidence and testimony and make a final binding decision for them.

Arbitration responds to the needs of the company or individuals by providing the parties an opportunity to model the proceedings to fit their particular dispute - provided that it is within the bounds of the Alberta Arbitration Act or appropriate jurisdiction. The parties jointly select the arbitrator(s) to hold a hearing or 'paper only' arbitration and may mutually set specific rules to apply for the proceeding which are set out in the Agreement to Arbitrate.

The Arbitrator should be able and competent to deal with the case, so the parties do not have to spend time educating the arbitrator on the background and normal practices of their particular area of dispute. Prior to selection, it is usual to obtain a biography and perhaps interview the proposed arbitrator.

The parties meet with the arbitrator in a prehearing meeting and decide on the degree of formality, procedures, dates and fees. There is a discussion to determine a clear understanding of the matters in dispute and the agreed facts. Subsequent to the prehearing meeting, a written agreement is produced to clearly set out the scope and procedures of arbitration.

A written decision with reasons is given within the time agreed between the parties and the arbitrator (usually two to three weeks) however is case dependant.

Costs of arbitration are considerably less than litigation due to the time to set up, hearing and awarding the decision. Arbitration proceedings and the decision are completely private & confidential. The decision is binding and may be entered as an enforceable court judgment.