Arbitration Associates of Canada

Arbitration is the answer!

When a resolution requires extensive industry knowledge.
When you wish to select a person to make a decision.
When you need a precedent based on legal principles.
When your time is too valuable to be spent in the courts.

Mediation is the answer!

When your relationship with other parties is important.
When your time and flexibility are at a premium.
when you wish to maintain control over possible solutions.
When you prefer to deal with the real cause of the dispute.

Why Use Arbitration?

The use of an arbitrator enables the parties to have the benefit of an experienced professional to logically and thoroughly review their submissions and make a decision for them.
An arbitration decision is final and binding.
More focus on the issues and less on the personalities.
A considerable amount of time may be saved in comparison to court proceedings.
The proceeding and the decision are private.
The parties jointly select the arbitrator to hear their dispute.
Time to set up, hear and decide is usually a fraction of the time for court actions
The costs of arbitration are usually less than litigation because of the speed in set up, hearing and awarding the decision.
Parties may mutually set the rules to apply.
Sometimes the parties prefer and obtain a non-binding decision, as a reality check in making their own settlement.

How does arbitration work?

The parties choose an experienced arbitrator to hear their submissions and examine evidence in an informal setting. It is usual to obtain a biography and perhaps interview the proposed arbitrator. At this stage the arbitrator will not discuss any of the issues or evidence in dispute, and preferably will be interviewed at the same time by both parties to make the selection process transparent.
The parties meet with the arbitrator and settle the procedures, times and fees in consultation with the arbitrator.
Once these have been resolved, a written agreement is produced to clearly set out the scope and procedures of arbitration. Where a prior agreement establishes general procedures, only some details are added.
A hearing is held on the issues.
A written decision with reasons is given within the time agreed among the parties and the arbitrator, usually two to three weeks.
The decision of the arbitrator will be binding and the decision may be entered as an enforceable court judgment.
Arbitration is subject to the Arbitration Act and the rules of natural justice.

There are many variations that may be considered and applied to make an arbitration best suit the parties. This overview highlights some of the elements and steps that may apply in any arbitration.

Some Examples of Arbitration

Why Mediation?

Mediation is resolving disputes using an independent neutral person to facilitate an effective negotiation among the parties.

Why use mediation? Savings in cost and time are the dominant reasons, but there are other significant reasons, such as:

preservation of business relationships by a focus on the issues rather than the personalities
arrangements may be made quickly and adapted to any setting
a mediated meeting usually takes less than one day
the process is simple and quick to set up
the meeting is confidential and private from the public and competitors
costs are minimal compared to other options
mediation is voluntary
the parties make all the decisions about a mutual solution
mediation is readily adaptable to disputes among many parties
the information shared is agreed to be used for this process only and not in another proceeding
high level of satisfaction, as parties get to the core of the dispute
typically a 75 % rate of resolution
the mutuality on the decision provides an incentive for all parties to complete the agreed-to solution
other process options are available if the issues are not resolved

How does mediation work?

A prospective mediator is asked about his/her background, training and experience in mediation and also in the area of dispute. A list of references provided by the mediator may assist in narrowing down the final choice of mediator.
In all cases, the parties must assure themselves that the individual chosen as mediator has the right qualification and skill.
Mediation can be conducted with either one or a number of mediators.
Once a suitable candidate is chosen the matter of fees, timing and any specific procedure is discussed. Generally, an Agreement to Mediate, is drawn up and signed by each of the parties and mediator prior to the mediation.
Often a case builder will have the resources to assist you to make the initial decisions and ensure competence, experience and that proper documentation is in place. AAOC provides this service, i.e., guidance and information to select mutually agreed mediator and to help get all parties to the table with clarity of purpose and expectations.
At the mediation the issues in dispute are listed, and the parties move forward with the assistance of the mediator. A key element is the mediator helping the parties to uncover information and solutions that will be to the maximum benefit of all parties.

Mediation is the most frequently used form of ADR, though it may be used in conjunction with other forms of ADR.

Some examples of Mediation

Where to start

Being in a dispute can be frustrating, especially since there are so many things to consider. Progressive steps through the process can help!

Identify the parties: who needs to be involved?
Define the issues to be resolved.
Get commitment from the other side to resolve items respectfully & positively.
Mutually agree on a process (negotiation, mediation, arbitration).
Select a neutral professional.
Develop mutual guidelines that will provide a solid foundation for the process.

All of these steps can be challenging to a disputant in unfamiliar territory. One of the services of AAOC is to help you move towards a resolution. This may mean contacting the other party and considering the options in order to design a process that will work for all of the parties involved. In mediations, one of the Associates may do the initial work, and with the consent of the parties, continue to hold the mediation meetings. For arbitrations, it is sometimes preferable in more complex cases to have the preliminary work done by an administrator (another AAOC Associate), to allow the arbitrator to remain uninformed and neutral about the content and submissions of the parties.

To get started, call AAOC or one of the Associates directly. After a short conversation, the ADR Associate will provide guidance on what will be needed to effectively proceed. Fees and expectations of the parties are discussed. Preliminary matters may be done for a fixed fee - typically $300-$500, depending on the work needed.

Arbitrators and mediators usually charge an hourly fee for the time required. Fees for AAOC associates range from $125 to $200/hour depending on the time, nature and complexity of the issues to be resolved. Travel and GST are in addition. Costs are usually split between the parties and payable as the work proceeds. Time includes any necessary preparation, such as reviewing documents, travel, meeting sessions, and preparing agreements or decisions that arise from the mediation or arbitration.

Taking the first step towards resolution is often the most difficult part in a dispute. Contacting an AAOC professional will help make that journey a smooth one.

Conact AAOC

To resolve disputes and conflicts in creative, cost-efficient and effective ways, contact us by email, telephone or fax. Your inquiries are always welcome.

WE RESOLVE DISPUTES
For information on an AAOC associate, please see the associate's profile.

E-mail AAOC at aaocinfo@aaoc.ca.

Telephone (403) 238-0668
Fax (403) 229-2010

Arbitration Associates of Canada Inc.
Suite 207, 1615 - 10 Avenue SW
Calgary, Alberta, Canada, T3C 0J7.

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