(416) 543-7412

Arbitration

An Effective Conflict Resolution Strategy

Understanding Arbitration and Its Popularity

Arbitration involves the appointment of an independent arbitrator chosen and paid for by the parties to the dispute. In certain situations, the  arbitration may be held before a panel of Arbitrators.

Arbitration is a popular conflict resolution approach  in the construction industry because it is a process that can  bring closure to an intricate, multi-faceted dispute in a private,  and often more timely and  cost-efficient manner than traditional litigation.

Arbitration is less rigid than the traditional court litigation process. Choosing to proceed by way of Arbitration affords the parties to the arbitration and the arbitrator the opportunity to craft a process that aligns with the nature, complexity and size of the dispute.

Arbitration Clauses and the Role of the Arbitrator

The option to resolve a dispute via arbitration, and the arbitration appointment process, is usually addressed in an arbitration clause contained in  the contract between the parties. Specific arbitral rules may also be addressed in the contract. 

When appointed as arbitrator, I assist the parties in finalizing the rules of the arbitration process, oversee the  private hearings and deliver a final decision. Called an award, this decision is legally binding on all parties to the arbitration.