Arbitration

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  1. What is arbitration?
    Arbitration is a method of resolving a dispute in which an impartial third party, selected by the parties, listens to the facts and arguments presented and makes a decision as to how the issues in dispute will be resolved.
  2. What is the difference between arbitration and mediation?
    In arbitration, the arbitrator decides the outcome of the dispute, after hearing evidence. In mediation, the parties themselves decide the outcome.
  3. What is the difference between arbitration and court?
    In arbitration, the parties can usually choose who their arbitrator will be, whereas in court the parties cannot choose their judge. Court proceedings are held in public, whereas arbitration is held in private. Arbitration is usually faster and less expensive than court. Court is held at a time and place dictated by the court, whereas arbitration proceedings are held at a time and place convenient to the parties.
  4. What kinds of disputes can be arbitrated?
    Most kinds of disputes can be arbitrated, including business, commercial and corporate, employment, contracts, estates, insurance, personal injury, real estate, landlord & tenant and many other disputes.
  5. Why use arbitration?
        The advantages of arbitration:
  6. decision of arbitrator is binding upon the parties;
  7. less expensive than litigation;
  8. parties can choose their arbitrator, whereas they cannot choose their judge in litigation;
  9. parties can set some of their own rules for the conduct of the hearing;
  10. can be done at times and at a place more convenient to the parties;
  11. less stressful than litigation; and 
  12. private.
  14. What is an arbitrator, and what is the role of the arbitrator?
    A neutral person who gives a binding decision after considering the evidence that the parties submit. The function of the arbitrator is similar to that of a judge in court. The arbitrator listens to and reads the evidence presented during the arbitration hearing, make rulings on procedures and listens to the arguments presented by each of the parties at the end of the evidence. Ultimately, the arbitrator must make a decision concerning the issues in dispute.
  15. Do the parties to arbitration need lawyers?
    While it is not mandatory to have a lawyer, parties are encouraged to do so since most lay people are not familiar with arbitration procedures and the ways in which evidence can be presented to the arbitrator.
  16. Should the arbitrator be a lawyer?
    Not necessarily. It depends on a number of factors. If the issues have legal technicalities to consider, you should probably have a lawyer or retired judge as the arbitrator. On the other hand, a person with a background in the area which is to be arbitrated, such as an engineer, nurse, farmer or accountant, might be appropriate in some cases. The parties must agree on who the arbitrator will be.
  17. If the arbitrator is a lawyer, do the parties need their own lawyers ?
    Yes. Even if the arbitrator is also a lawyer, the arbitrator does not provide legal advice to the parties.
  18. Is arbitration held in private?
    Yes. The only persons present are the parties, the arbitrator and whoever else they invite and agree upon. Unlike most court cases, the public (including your neighbours and competitors) and the media cannot sit and listen to what is said or what the decision is. Only the parties and their lawyers receive copies of the arbitrator's decision.
  19. Where does arbitration take place?
    Arbitration can take place almost anywhere that the parties agree. Emery Jamieson LLP has facilities for arbitration sessions in our conference and board rooms. Arbitration does not take place in a court room.
  20. When are arbitration sessions held?
    At a time that is convenient to all of the parties.
  21. Why does arbitration cost less than going to court?
    Usually arbitration is not as formal or less time consuming as court.
  22. What is an arbitration award?
    It is the decision of the arbitrator.
  23. How do you choose an arbitrator?
    Emery Jamieson LLP would be delighted to introduce you to qualified arbitrators who are members of our law firm. The Alberta Arbitration and Mediation Society, an affiliate of the ADR Institute of Canada, maintains a list of qualified arbitrators in Alberta