ARBITRATION FINE POINTS

arbitration-fine-points

If you are looking at arbitrating a business or property dispute, here are some tips that should help  you.

  1. Arbitration is an ‘out of court’ decision making process unlike mediation. It is governed by statute and the processes are set out in provincial and federal statutes depending on subject matter.
  2. The parties must agree to arbitrate the particular dispute usually in writing and assuming this is done, you can select an arbitrator. If you can’t agree on a single arbitrator you can name an odd numbered panel of arbitrators generally composed of no more than three.
  3. At the outset, the arbitrator will schedule a ‘preliminary first meeting’ of your legal counsel to map out all of the procedures that must be followed from beginning to end including a time table that keeps the process moving forward.
  4. Because arbitration is not governed by the procedures affecting lawsuits, you can decide to simplify the process. Doing so saves time and expense.
  5. Some arbitrations eliminate the need for the parties to give in person evidence and rely on affidavits that can be challenged during an in person cross-examination. Simplifying the process drives it more quickly and less expensively putting you in charge.

About The Author

Jack Zwicker