Disputes & ADR
Why Arbitration?
Arbitration Examples
Why Mediation?
Mediation Examples
Where to Start
Associate Profiles
> Brown, Stan
> Evans, David
> Isaacs, James
> Rickard, Steven
> Selby, Gary
> Steber, George
> Willson, Jim
> Withers, Pat
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Managing the new Alberta Rules of Court - ADR / Calgary, 2-Mar-2011
Arbitration Process
1. Originating Request to other party with items to be resolved
  • Negotiation to resolve issues
  • Decision to Arbitrate

2. Following procedures agreed to earlier
  • Obtaining, completing and submitting required information
  • Payment of filing fee (if in a program)

3. Arbitrator Selection
  • Existing method of selection followed or method agreed
  • Lists consulted
  • Review of qualifications
  • Arbitration documents sent to selected Arbitrator
  • Confirmation of no conflict of interest by Arbitrator

4. Preliminary Meeting
  • Review process to date
  • Explain what occurs next
  • Site & time of arbitration chosen
  • Exchange of information dates discussed / agreed
  • Issue statement started / settled
  • Agreement to Arbitrate signed
  • Arrangements made for payment of fees

5. Evidence Collected
  • Expert testimony prepared; consider joint request
  • Information assembled into order of presentation
  • Collected information delivered to opposing party
  • Witnesses scheduled

6. Hearing
  • Preliminary matters raised (jurisdiction, procedures, timing, etc)
  • Oath / Affirmation administered
  • Complainant proceeds and then is questioned by Respondent
  • Experts for Complainant give evidence and are questioned
  • Process is reversed: Respondent leads evidence, Complainant questions
  • Experts for the Respondent submit their evidence and are questioned
  • Arbitrator may clarify throughout and question at end
  • Submissions on "What" can or should be done with evidence and "why"; law
  • Arbitration concludes

7. Decision of the Arbitrator
  • Written decision available within 30 days
  • Arbitrator’s fees paid prior to decision release
  • Decision may be registered in Court as a judgment


 
Mediation and Arbitration Associates of Canada provides arbitration and mediation services to clients across western Canada.
Our experienced arbitrators and mediators specialize in a wide variety of industries and disciplines. For further information,
please contact one of the Associates directly, or 403 238 0668, or maaocinfo@aaoc.ca.