Arbitration

Why use the arbitration approach to dispute resolution?

The arbitration process is advantageous for numerous reasons, which may include:

  • timely access to a binding decision to resolve the dispute;

  • the ability to work with a neutral party with proven knowledge and skills in the area of dispute;

  • to engage in a process where the rules of procedure are either mutually arrived at by the disputing parties, or by adopting a set of rules created by a reputable organization.

What are the rules of procedure?

The rules of procedure exist to ensure all parties have a clear and transparent framework for accessing and engaging in the arbitration process. Depending on the nature of the dispute, I use general rules of procedure provided they conform to statute, whether it be the BC Arbitration Act or the BC Labour Relations Code, and allow for equitable access to the arbitration process.

I am a firm believer in promoting a process that is accessible for all parties, and I am interested in working with the parties, where practicable, to consider rules of procedure to promote access.

How do I arrive at conclusions that take into account the principles of equity?

At the conclusion of the process, my role will be to issue a clearly written award with detailed reasons for my decision. This award will:

  • analyze the facts and evidence presented by the parties;

  • differentiate the evidence against existing precedence taking into account any tests required by statute or precedence; and

  • articulate a clear finding of the facts and how they relate to the remedies being sought by the parties.