Arbitration

What is Arbitration?
Arbitration allows parties to hire their own "judge" and set their own rules for prompt, confidential resolution of their legal dispute.

The Arbitrators Role
In the arbitration process, the arbitrator is unbiased and works with the parties to resolve their conflict.  The arbitrator acts like a judge, listening to the evidence of the parties and at the conclusion of the arbitration rendering a fair award that is binding on the parties.

Benefits of Choosing Arbitration

• Cost — The arbitration process is often more efficient than litigation, resulting in lower legal fees for all involved parties. 
• Confidentiality — The arbitration process is private and can remain strictly confidential, unlike public court hearings.  No one but the parties involved in the arbitration process will have the details of the agreement
• Flexibility — Arbitration can be less formal than the court process, as the rules of the arbitration can be negotiated by the parties with the assistance of the arbitrator
• Expertise — Arbitrators can be selected based on their technical expertise relating to the legal dispute. In court cases, judges cannot be chosen, they are appointed to the case.

Frequently Asked Questions
Q. Where would my arbitration be held?
A. Ron Smith's office has a suite of offices that can be used for arbitrations.  Arbitrations can also take place at other neutral locations, or, with the consent of the parties, in one of their lawyer’s offices.

Q. What is the typical cost of a one-day arbitration?
A. Arbitrations are billed on an hourly basis at $400 per hour.  Arbitration time includes the preparation for the arbitration, the arbitration itself, and the writing of the award.  It is hard to predict the cost of an arbitration because of the varying complexity of the issues involved, however, the cost can range from $2,000.00 to $4,000.00 per day of hearing.

Q. Who pays for the cost of an arbitration?
A. The parties can share the cost, or the arbitrator can make an award of costs at the end of the arbitration as part of the award rendered.

Q. Can I compel the other side of my dispute to arbitrate?
A. You can only compel the other side to arbitrate if the contract that gives rise to the dispute has an arbitration clause in it.   Otherwise, arbitration would have to be by consent.

Q. Where can I find out more about arbitration?
A. The BC Arbitration and Mediation Institute has a website at www.amibc.org. For more information, please visit the Links post on the blog.