Divorce Arbitration
Beyond mediation, one of the most popular alternatives to divorce is that of arbitration. While mediation centers around divorcing couples finding their own solutions to the key divorce issues of marital asset division, child custody, child support, and spousal support, arbitration is akin to the traditional divorce process in that it involves a third-party divorce arbitrator who acts as a judge and makes final rulings regarding these issues.



This article outlines reasons to arbitrate for divorce and how the process works.

Click for the full article: https://jacobsberger.com/divorce-arbitration

B.C.’S NEW ARBITRATION ACT
The Arbitration Act governs arbitrations in B.C. Arbitration is a private adversarial process for determining disputes instead of using the court. Arbitration is used where parties agree by contract or otherwise to submit disputes to arbitration, or are compelled to do so by statute.  The process results in a decision made by an arbitrator that is binding on the parties.  Arbitration is different from mediation, in which the parties seek to settle their dispute with the help of a mediator who cannot make a binding decision.
Application of the Arbitration Act
In terms of application, the New Act no longer applies to family law disputes as defined in the Family Law Act.  Instead, family law arbitration will be governed separately under a division added to Part 2 of the Family Law Act. The New Act continues to be inapplicable where the International Commercial Arbitration Act applies.

Commencement of Arbitration Proceedings and Powers and Duties of the Arbitrator and the Parties explained..


Click for the full article: https://www.ahbl.ca/b-c-s-new-arbitration-act/

Workplace Arbitration & ADR


Alternative forms of dispute resolution such as arbitration, mediation, etc. can be effective in achieving favorable conclusions to workplace disputes, for both employers and employees. Whether voluntary, contractual, or judicially required, arbitrations are often more economical, faster, and less public than traditional courtroom litigation. Employers with global, national, or alternative workforces may find that arbitration is more effective for some claims and portions of their employee populations. In addition, arbitration programs governed under the Federal Arbitration Act also can help immunize employers against private class and collective action litigation.


Click for the full article: https://www.seyfarth.com/services/practi...d-adr.html

Firms follow Google trend in ending mandatory arbitration


Several companies have revised their policies to end the mandatory or private arbitration of sexual harassment and sexual assault claims, with other companies likely to follow suit. Protestor demands, the fear of future protestor demands, or have never had such a policy in place in the first place have put an onus on companies to make it a point to assert that their employees do not have to stay quiet about sexual harassment and sexual assault claims.

The most prominent example of late is Google, which announced this month that it will, among other changes, “make arbitration optional for individual sexual harassment and sexual assault claims.” Google said it has “never required confidentiality in the arbitration process” and that arbitration still may be the best path for several reasons—such as personal privacy—but that the company recognizes the choice should be up to the victim.


Click for the full article: https://www.complianceweek.com/opinion/f...51.article

A Negotiation-Based Decision-Making Process for Arbitrators

In reaching their decisions, arbitrators are currently expected to act as judges by listening fully to both sides and then withdrawing to write the final and complete decision. But because of some key differences between their roles, arbitrators and judges should exercise completely different styles of decision making. 

Unlike judges, who make decisive rulings in order to enforce the law, arbitrators are empowered and chosen by the parties themselves to handle specific disputes or govern continuing relationships...

Click for full article: https://onlinelibrary.wiley.com/doi/abs/10.1111/

Arbitration and Public Policy

Commercial arbitration being contractually based is a matter of private law. Its effectiveness depends upon legislative support defined by external public policy considerations. Those considerations invite scrutiny of the costs and benefits of commercial arbitration including its effect on the development of commercial law and an appropriate balance between arbitral mechanisms and commercial courts. The growth of commercial arbitration and its application in sensitive areas such as consumer contracts of adhesion may enliven public policy responses. Internal constraints in relation to arbitrability and public policy limits on enforcement play a part in enabling arbitration to function in a way that is sensitive to the larger social and political environment in which it is conducted...

Click for the full article: https://www.tandfonline.com/doi/abs/10.1080/10192577.2016.1198542?journalCode=rplr20&

Resolving Authorship Disputes by Mediation and Arbitration

Arbitration or mediation could provide solutions to authorship disputes where few presently exist. Because authors recognize journals’ authority to make decisions on manuscripts submitted to the journal, journals are well placed to facilitate alternative dispute resolution processes. Rather than viewing authorship disputes as rare events that must be handled on a case-by-case basis, researchers and journals should view the potential for disputes as predictable, preventable, and soluble. Independent bodies that can offer alternative dispute resolution services to scientific collaborators and/or journals could quickly help research communities, particularly their most vulnerable members...

Click for the full article: https://researchintegrityjournal.biomedc...018-0057-z

An optimal alternative for resolving disputes

With the COVID-19 pandemic forcing significant, temporary changes for courts and businesses alike, parties will have to think of alternatives beyond the courtroom to resolve disputes. Like many jurisdictions tackling this pandemic, Canadian courts have responded with closures and limiting hearings to urgent cases only. These closures, combined with the fact that many commercial disputes may arise as a result of the substantial impact the COVID-19 pandemic has had on business operations, means that parties should consider dispute resolution mechanisms that are effective, customizable, and efficient. Arbitration (whether domestic or international) could be the answer.

Parties may elect to arbitrate their dispute on consent

Arbitration is a purely consensual method of dispute resolution. In the current circumstances, parties may elect to abandon a civil action to enter into an arbitration that can resolve disputes more expeditiously or more readily accommodate measures like social distancing.  Arbitration also has other key advantages...

Click for the full article: https://www.osler.com/en/resources/regulations/2020/arbitration-in-unprecedented-times-an-optimal-alternative-for-resolving-disputes

Canada: British Columbia modernizes its international commercial arbitration legislation


Under the ICAA, an arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means. Also, an agreement to arbitrate may be recorded by electronic communication as long as it can be subsequently accessed. 

The ICAA confirms that a party may be represented in arbitral proceedings by any person of that party’s choice, including (but not limited to) a legal practitioner from another state.


Click for the full article: https://globalarbitrationnews.com/britis...gislation/

The Top 10 Pros and Cons of Arbitration

Though it’s common for contract provisions to require arbitration, owners, general contractors, and subcontractors frequently disagree over the merits of this method of dispute resolution. Following are the top 10 pros and cons of mandatory arbitration.

1. COSTS

Pro: Unlike court litigation, it’s not necessary to hire a lawyer to pursue a claim in arbitration.

Con: Even though it’s not mandatory, most parties elect to be represented by a lawyer. Consequently, the cost savings of not using a lawyer often is not realized. And unlike court filing fees, which are relatively nominal, arbitration ordinarily entails substantial filing and arbitrators’ fees...

Click for the full article: https://constructionexec.com/article/the-top-10-pros-and-cons-of-arbitration