Calgary-Arbitrators

Arbitration, when initially reviewed, may appear as complex as actual litigating. While the process of arbitration does imitate traditional court procedures, arbitration is afforded much more leeway and flexibility when it comes to accommodating the disputing parties’ circumstances than any court of law could allow. Arbitration is generally a cost effective way to resolve disputes and the process is designed to be available to anyone who has an issue with another party that requires intervention to resolve. However – there are a few exceptions. The Alberta Arbitration Act excludes the groups covered under the following Acts from arbitrating disputes: Post-secondary Learning Act, Police Officers Collective Bargaining Act, Public Service Employee Relations Act, and the Labour Relations Code. {Section 2 (3)} http://www.qp.alberta.ca/documents/Acts/A43.pdf The most commonly disputed issues that resort to arbitration as an avenue to resolution are:

Estate and Wills

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In Alberta, anyone 18 or older or anyone who the mental capacity to do so – can legally write a holographic will. A holographic will requires no particular format or witnesses. There are many legal aspects that affect inheritances and the distributions of assets that are not adequately addressed in this format. Holographic wills often create discord amongst the heirs because of the lack of clear direction. Even the best written will that has had the guidance of a lawyer can result in a battle amongst the heirs. Resorting to litigation, especially if the estate is small – is a costly approach to resolution of the disputed issues. https://www.canlii.org/en/ab/laws/stat/sa-2010-c-w-12.2/latest/sa-2010-c-w-12.2.html

Debt and Consumer Issues

Creditors and debt collection agencies can sue a debtor in court to recoup on defaulted debt. Arbitration can be mutually agreed to by both parties as an alternate route to resolution. Debt settlement or arbitration is sometimes mandated through contracts that have been signed by the debtor. This practice has become more common in the past few years. While this trend has its pitfalls and sometimes results in unjust treatment of the debtor by restricting their access to litigation – generally, arbitration is a quick and inexpensive way to settle debt disputes.

Family Law

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For family disputes, arbitration can be preferred over other methods of resolution such as mediation, a collaborative processes or court in specific circumstances:
– If disputing parties want the principles of their religion to apply to the proceedings.
– If the positions of the opposing parties is too far apart for mediation to bring the parties to agreement.
– If there is a desire to keep the proceedings private.
– If the issues are complex.
– If there is a need to resolve the dispute quickly.

Property

There are many types of property that can be disputed. Real property (land, dwellings, etc.), intellectual property, copyrights, trademarks, photographic images to name a few. The internet and abundance of technology has led to many disputes that cross over boarders. Since laws can greatly differ from country to country, arbitration is particularly effective to settle international disputes.

Employment

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Many contracts currently being signed by employees when they are hired mandate arbitration as the method for conflict resolution. This is a growing trend and is aimed at reducing court costs to both the employer and the employee. Arbitration can also be entered into by two consenting disputing parties if there is a desire to avoid going through the courts.

Insurance

In many cases of insurance disputes, arbitration can be a better route to go than mediation because it ensures there is resolution.