A goal to be leaders in early intervention of case management and dispute resolution.
Arbitration is a process where parties to a dispute engage the services of an independent third party, known as an Arbitrator, to decide the case at issue.
At Solvit Dispute Resolution, we provide Arbitration services in the following areas:
- Labour and Employment
- First Nations
- Commercial disputes
- ICBC Total Loss
At Solvit Dispute Resolution, we recognize that parties look to Arbitration as an alternative to litigation. The realities of business and sports in the 21st century dictate that disputes be addressed quickly, efficiently and in a cost-effective manner.
We work with parties to establish a process that meets their needs and we provide Arbitration services that give certainty and finality.
Please contact one of us at Solvit to discuss how we can help.
FAQ - Arbitration
What is Arbitration?
Arbitration is an Alternative Dispute Resolution process in which an independent person agreed to by parties to a dispute, resolves the dispute by hearing evidence and issuing a final and binding decision.
What is the difference between Arbitration and Mediation?
In an Arbitration, the parties agree to have an independent third party, known as an Arbitrator, decide the matter at issue. In a Mediation, the parties to the dispute agree to have a Mediator assist them in reaching an agreement that is acceptable to both parties.
How is Arbitration different from the Courts?
Arbitration is faster than going to court. Once an Arbitrator is chosen, the case can be heard very quickly. Costs of Arbitration are limited to the fees of the Arbitrator. Costs of going to court include court costs which can be very expensive. The parties to an Arbitration can choose the Arbitrator whereas in court, judges are assigned. Arbitration is private while the court is a public process. The strict rules of evidence are also less rigid in Arbitration than in court.
Do I need a lawyer to take part in an Arbitration?
Representation by a lawyer at an Arbitration is not mandatory. However, depending on the type of case and the level of complication, it may be in a party’s interest to seek legal advice.
What kind of disputes are appropriate for Arbitration?
Most types of legal dispute (with the exception of criminal cases) are appropriate for Arbitration including Labour, Commercial, Sports and First Nations matters. Many commercial agreements have arbitration clauses included to require that any disputes be resolved through Arbitration.
How is the Arbitrator chosen?
There are many ways to choose an Arbitrator. The parties may agree on the Arbitrator. Alternatively, if the parties are working under an Arbitration Agreement, the agreement may dictate that the Arbitrator be selected from a pre-agreed list.
What are the costs and time involved in Arbitration?
Given the flexibility of the Arbitration process, the costs and time are under the control of the parties. Once the Arbitrator is selected, depending on the nature and volume of evidence, a hearing can proceed as soon as possible. The costs are generally restricted to the Arbitrator’s fees. As in the court process, the parties are responsible for any lawyer’s fees.
What is an Arbitration Agreement?
An Arbitration Agreement is a clause in a contract between multiple parties that requires the parties to resolve their dispute by Arbitration instead of the courts.
How many Arbitrators decide a case?
In most cases, a single Arbitrator is appointed to hear a case. However, in some cases, the parties will decide (or the Arbitration Agreement will require) that a panel of three Arbitrators decide the case. In such a situation, it is often the case that each party chooses one Arbitrator who then choose the third.
Is there any legislation in British Columbia that applies to commercial Arbitration?
Yes. The B.C. Commercial Arbitration Act applies to any Arbitration Agreement in a commercial agreement in British Columbia as well as any other Arbitration Agreement.