What kinds of disputes can be arbitrated?
Most kinds of disputes. For a partial list of the types of
conflicts that can be arbitrated, please click
here.
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Why use arbitration?
There are many advantages to using arbitration. Arbitration
is faster and less expensive than court. Arbitration is held in
private at a location that is convenient for the parties. You
can choose your arbitrator, whereas you cannot choose your
judge. For more information on the advantages of arbitration,
please click
here.
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What issues can be dealt with through arbitration?
Whatever issues the parties agree to refer to arbitration.
This can be all or only some of the issues in dispute. In some
cases, the agreement between the parties, whether a lease,
contract or some other legal document will require the parties
to take any dispute to arbitration.
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Who decides the outcome in arbitration?
The arbitrator.
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What is an arbitrator?
A neutral person who gives a binding decision after
considering the evidence that the parties submit.
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What role does the arbitrator have?
The function of the arbitrator is similar to judge in court.
The arbitrator must listen to and read the evidence presented
during the arbitration hearing, make rulings on such things as
procedure and listen 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.
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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.
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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 make the best arbitrator.
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If the arbitrator is a lawyer, do the parties still need
their own lawyers ?
Yes. The arbitrator who is also a lawyer does not provide
legal advice to the parties.
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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.
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Is what is said during arbitration confidential?
For the most part, yes. Of course, on those rare occasions
when the arbitration award has to be enforced summarily through
the courts, some parts of your dispute will become public.
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How does arbitration work?
Arbitration has the following steps: selecting the
arbitrator; drafting the terms of the arbitration agreement;
scheduling the time and location of the hearing; preparation for
the hearing (including preparing the witnesses); presenting the
evidence at the hearing (including examination and
cross-examination of witnesses); making submissions to the
arbitrator at the end of the hearing; and the arbitrator making
a decision. While an arbitration hearing has some of the look
and feel of a court trial, the arbitration process is more
informal than a court trial. Arbitration generally involves
fewer, if any, pre-hearing matters that often prolong court
proceedings.
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How long does the arbitration process take?
It depends on the several things, including the number of
issues and the number of witnesses. Usually the arbitration
hearing can take place within a few weeks after the initial
contact with the arbitrator. Arbitration is generally quicker
than going to court.
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Where does arbitration take place?
Arbitration can take place almost anywhere that the parties
agree. Usually it is more appropriate for arbitration sessions
to be held in conference and board rooms. Norman is able to
arrange for those facilities. Arbitration does not take
place in a court room.
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When are arbitration sessions held?
At a time that is convenient to all of the parties.
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How much does arbitration cost?
The cost of arbitration is usually cheaper than the cost of
going to court. It depends on how long the hearing takes, since
most arbitrators charge an hourly or daily rate. As part of the
arbitrator's decision at the end of the hearing, the arbitrator
can order that the costs of one of the parties (including the
arbitrator's fee) be paid by the other party.
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Why is arbitration cheaper than going to court?
Usually arbitration is less formal and less time consuming
than court.
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What is an arbitration award?
It is the decision of the arbitrator.
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Is arbitration binding and enforceable?
Yes.
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Is an arbitration award final?
Yes. Except under very limited circumstances, arbitration
awards may not be appealed.
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Where do you go from here?
If you think arbitration is the answer for your dispute, ask
the other party or parties - directly or through your lawyer -
to agree to submit the dispute to arbitration. Some agreements
require the parties to submit any disputes to arbitration. Once
arbitration is decided upon as the route to take, then choose an
arbitrator.
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How do you choose an arbitrator?
Obviously, Norman Pickell would be delighted to have you
approach him to see if he is available ! You can contact him
directly at
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