Arbitration

Why use the arbitration approach to dispute resolution?

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

  • timely access to a neutral binding decision on 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 mutually arrived at between the disputing parties.

What are the rules of procedure?

I use the rules of procedure adopted by the ADR Institute of Canada, in combination with any regulations defined by statute, whether it be the BC Arbitration act, the BC Labour Relations Code, or any rules associated with a specific roster.

I am a firm believer in promoting a process that is accessible for all parties. As such, 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 with:

  • 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.