ARBITRATION

 Arbitration is a confidential, private process in which an impartial person, an arbitrator,  listens to the evidence and arguments of the people involved in a legal dispute and then makes a decision resolving the dispute.   

🔹 Arbitration is a private, efficient, and confidential form of alternative dispute resolution (ADR).
🔹Parties agree to submit their dispute to a neutral third party, the arbitrator, who issues a binding decision, known as an Award.

 🔹 In Arbitration, the parties work together with the arbitrator to agree on the procedures that will guide the process. Depending on the needs of the case, this may involve submitting written documents for the arbitrator’s review and decision, or taking part in a formal hearing where evidence is presented and witnesses may give testimony. 

 🔹Arbitration is widely used to resolve disputes in several areas, including family, civil,  commercial, construction, employment, labour, professional, public sector, regulatory, and contractual disputes.

✔️ Potentially faster than litigation
✔️Confidential and private (you are not in open court in front of the public, but in a private setting)
✔️Flexible procedures (can work with the arbitrator to determine a process that both parties would like)
✔️Expert, neutral decision-maker
✔️Final and enforceable outcomes (provide binding Awards)

✔️Lower costs to the parties (generally less expensive then litigation).

There are several types of Arbitrations as discussed below. 

The 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 work with the arbitrator to work on a process that works for the parties.  This can include, if the parties wish, to simply provide documents and submissions for the arbitrator to review, without the need for a formal hearing. 

Arbitration offers a streamlined path to resolution while maintaining procedural fairness and neutrality.

Binding Arbitration
This is the most common form of arbitration. It produces a final and conclusive decision in a dispute by the arbitrator. The authority by which the award binds the parties may arise from the parties’ agreement, a statute, or a court decision.

Compulsory Arbitration
Compulsory arbitration is a form of arbitration that requires the parties to submit their dispute to arbitration for a binding decision. In some cases, such as disputes involving public employees, parties may be required to forgo their right to strike. Although parties may contractually agree to compulsory arbitration in the event of a dispute, this form of arbitration is often prescribed by statute, with the arbitrator appointed by the government. The primary intent is to avoid litigation.

Final Offer Arbitration
Final offer arbitration is a form of arbitration in which each party, following a hearing, submits its final or best offer to the arbitrator, who must choose one of the offers. There are several variations of this form. For example, the parties may submit final offers for each issue in dispute, and the arbitrator selects the most appropriate offer for each issue.

Grievance Arbitration
Grievance arbitration is often referred to as “rights arbitration.” It is used to resolve disputes concerning employment rights provided for in an existing collective agreement. Arbitration is usually the final step in the grievance process.

Interest Arbitration
Interest arbitration differs from grievance arbitration in that it is used to resolve disputes concerning the terms of a proposed collective agreement, rather than disputes arising under an existing agreement.

Court-Annexed Arbitration
Court-annexed arbitration occurs when a court orders the parties to arbitrate and establishes the parameters of the arbitral process.

• Binding Court-Annexed Arbitration: This process is more formal, with the hearing before the arbitrator conducted as a proceeding of record. The parties are bound by the arbitrator’s decision, which is entered as a judgment of the court.
• Non-Binding Court-Annexed Arbitration: The arbitrator’s decision is entered as a judgment of the court unless it is challenged by either party. If disputed, the matter may proceed to trial. The party rejecting the Award may be penalized with costs, depending on the outcome at trial.
   

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

Contractual Arbitration
Contractual arbitrations, sometimes referred to as “private arbitrations,” arise from a contract that provides that all disputes between the parties will be settled by arbitration.

Ad Hoc Arbitration
Ad hoc arbitration is common in commercial disputes. “Ad hoc” means appointed for a specific purpose. This form of arbitration occurs when the parties voluntarily agree that a specific dispute will be resolved through arbitration and determine all procedural matters themselves.

Documents-Only Arbitration
Documents-only arbitration is a process in which the arbitrator issues an award based solely on a review of documentary evidence submitted by the parties. Each party is provided with the same evidence and is permitted to submit rebuttal materials. No formal hearing is held. 

Med-Arb is a hybrid 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 is a former Crown Counsel with Alberta Justice’s Family Law Department, where he represented the Director in matters involving 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 more than 15 years of experience in family law, Sanjiv has developed extensive expertise in family and child protection matters, including child welfare proceedings, protection orders, and complex divorce cases. Over the course of his career, he has assisted thousands of clients and brings significant depth of knowledge to each file. He has also trained on the Office of Child and Youth Advocate Children’s Counsel roster. 

Sanjiv has mediated hundreds of family law matters, including child protection mediations. He holds two recognized family mediation designations: Registered Family Mediator (RFM) with the Alberta Family Mediation Society and Certified Comprehensive Family Mediator (Cert. CFM) with Family Mediation Canada. He has extensive training, including in safety screening. In addition, he completed an intensive Alternative Dispute Resolution and Arbitration certificate program and holds the Qualified Arbitrator (QArb) designation from the ADR Institute of Canada.

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

Issues addressed through family arbitration and mediation may include parenting schedules, holidays and vacations, travel and mobility, decision-making responsibilities, guardianship, communication between parents, involvement of significant others, as well as child support, spousal support, and property-related concerns.

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

Should the parties not resolve all of their issues during the mediation phase, the matter can proceed to an arbitration, where the arbitrator can provide a binding award (decision) on the remaining issues. 

Please see our Resources page to assist to Prepare for the Family Mediation.