ARBITRATION

Arbitration is a confidential and private process that falls under the umbrella of alternative dispute resolution (ADR). In this process, an impartial individual known as an arbitrator reviews the evidence and arguments presented by parties involved in a legal dispute before making a binding decision to resolve the matter.  

🔹 Arbitration stands out as an efficient and private way to address conflicts, allowing the parties to submit their disputes to a neutral third party, the arbitrator, who ultimately issues a binding decision known as an Award.  

🔹 In the context of arbitration, the involved parties collaborate with the arbitrator to establish the procedures that will dictate the process. Depending on the specifics of the case, this may include the submission of written documents for the arbitrator’s consideration or participation in a formal hearing where evidence is presented, and witnesses provide testimony.  

🔹 Arbitration is commonly utilized across various sectors, including family, civil, commercial, construction, employment, labour, professional, public sector, regulatory, and contractual disputes—all areas where experienced arbitrators, like Sanjiv Parmar, KC can provide valuable insights and services. 

✔️ Alternative dispute resolution methods, such as arbitration, can potentially be faster than litigation.

✔️ The process is confidential and private, keeping disputes out of open court, allowing parties to engage in a setting that protects their privacy.

✔️ Flexible procedures enable both parties to collaborate with the arbitrator, tailoring a process that suits their needs.

✔️ With arbitration, you benefit from an experienced, neutral decision-maker.

✔️ The outcomes are final and enforceable, providing binding awards that resolve the dispute conclusively.

✔️ Overall, arbitration is usually a lower cost option for the parties, making it generally less expensive than traditional litigation. 

There are several types of arbitration as part of alternative dispute resolution, which are discussed below.  

The arbitration process typically includes:  

1️⃣ Pre-hearing phase  

2️⃣ Formal hearing  

3️⃣ Written Award  

During the hearing, parties may:  

✔️ Present opening statements  

✔️ Submit documentary evidence  

✔️ Examine and cross-examine witnesses  

✔️ Deliver closing submissions  

However, the parties can collaborate with the arbitrator, such as Sanjiv Parmar, KC, to create a process that suits their needs. This may include providing documents and submissions for the arbitrator to review without the necessity of a formal hearing, if the parties prefer.  

Arbitration offers a streamlined path to resolution within the framework of alternative dispute resolution, ensuring procedural fairness and neutrality.

Binding Arbitration

This is the most common form of arbitration, a key method in alternative dispute resolution. It produces a final and conclusive decision in a dispute made by the arbitrator. The authority that binds the parties may arise from their agreement, a statute, or a court decision.

Compulsory Arbitration

Compulsory arbitration requires the parties to submit their dispute to arbitration for a binding decision. In certain cases, like disputes involving public employees, parties may be required to forgo their right to strike. While parties can contractually agree to compulsory arbitration for disputes, this form is often mandated by statute, with the arbitrator appointed by the government. The primary intent is to avoid litigation.

Final Offer Arbitration

Final offer arbitration is a unique approach in which each party presents its final or best offer to the arbitrator after a hearing, who must then choose one of the offers. Variations of this method exist; for instance, the parties may submit final offers for each issue in dispute, and the arbitrator selects the most appropriate offer for each issue.

Grievance Arbitration

Also known as "rights arbitration," grievance arbitration is utilized to resolve disputes regarding employment rights outlined in an existing collective agreement. It is typically the last step in the grievance process within alternative dispute resolution frameworks.

Interest Arbitration

Interest arbitration diverges from grievance arbitration as it addresses disputes related to the terms of a proposed collective agreement rather than issues arising under an existing agreement.

Court-Annexed Arbitration

Court-annexed arbitration occurs when a court mandates the parties to engage in arbitration and delineates the parameters of the arbitral process. 

Binding Court-Annexed Arbitration: 

This more formal process includes a hearing before the arbitrator conducted as a recorded proceeding. The parties are bound by the arbitrator’s decision, which is recorded as a judgment of the court. 

Non-Binding Court-Annexed Arbitration: The arbitrator’s decision, which is entered as a judgment of the court, may be challenged by either party. If contested, the matter may proceed to trial, and the party rejecting the award could face penalties, depending on the trial's outcome.  

Non-Binding Arbitration

Non-binding arbitration is a dispute-resolution process that encompasses most characteristics of arbitration, where the expectation is that parties are not required to accept the arbitrator’s decision as binding.

Contractual Arbitration

Contractual arbitration, or "private arbitration," arises from agreements stating that all disputes between parties will be settled through arbitration.

Ad Hoc Arbitration

Ad hoc arbitration is prevalent in commercial disputes. "Ad hoc" means appointed for a specific purpose. This form of arbitration takes place when the parties voluntarily agree that a particular dispute will be resolved through arbitration, assuming control of all procedural matters.

Documents-Only Arbitration

In documents-only arbitration, the arbitrator issues an award based solely on a review of the documentary evidence submitted by both parties. Each side receives the same evidence and can submit rebuttal materials. No formal hearing is held, making it a streamlined method of resolution favored in certain circumstances.

Med-Arb is a hybrid alternative dispute resolution (ADR) process where parties: 

1️⃣ Begin with mediation 

2️⃣ Proceed directly to arbitration if no settlement is reached 

✔️Often with the same neutral acting in both roles. 

⭐ Benefits of Med-Arb 

✔️ Saves time and costs 

✔️ Eliminates the need for multiple neutrals 

✔️ Encourages settlement during mediation 

✔️ Allows unresolved issues to be decided without restarting the process 

✔️ Ideal for matters requiring a prompt, enforceable outcome.

Sanjiv Parmar is a former Crown Counsel with Alberta Justice’s Family Law Department, where he represented the Director in various important matters, including Child Welfare, Maintenance Enforcement, the Protection of Sexually Exploited Children Act, Secured Services, Assured Income for the Severely Handicapped (AISH), and Income Support Services.

With over 15 years of experience in family law, Sanjiv has cultivated significant experience in family and child protection issues, such as child welfare proceedings, protection orders, and complex divorce cases. Throughout his career, he has supported thousands of clients, bringing considerable depth of knowledge to each case. He has also received training on the Office of Child and Youth Advocate Children’s Counsel roster.

Sanjiv has mediated hundreds of family law disputes, including those related to child protection. He holds two esteemed family mediation designations: Registered Family Mediator (RFM) with the Alberta Family Mediation Society and Certified Comprehensive Family Mediator (Cert. CFM) with Family Mediation Canada. His extensive training includes safety screenings, and he has completed an intensive Alternative Dispute Resolution and Arbitration Certificate program, earning him the Qualified Arbitrator (QArb) designation from the ADR Institute of Canada.

We provide professional family arbitration and mediation services for issues such as child protection, pre-separation planning/disputes, separation and divorce, and parenting disputes. Our approach facilitates families in tackling complex issues within a structured, respectful, and confidential framework.

Matters addressed through family arbitration and mediation can include parenting schedules, holidays and vacations, travel and mobility, decision-making responsibilities, guardianship, communication between parents, involvement of significant others, along with child support, spousal support, and property-related matters.

We are also equipped to assist parties in identifying available community and legal resources, crafting safety-focused plans to address domestic violence concerns, preventing conflict escalation, and supporting family reunification when appropriate.

If the parties do not resolve all of their issues during the mediation phase, the matter may proceed to arbitration, where the arbitrator will provide a binding Award (decision) on the remaining issues.

For more preparation assistance regarding family mediation, please visit our Resources page.