Arbitration Best Practices

Last month I spoke at the ADR Institute of Ontario’s 2018 Professional Development Conference.  I ran a workshop on how Mediation tools are essential to running an effective Arbitration.  It was a very interactive session.

Below is a list of best practices for running an effective Arbitration.  I hope it will be helpful to other Arbitrators.

As counsel, you should be asking yourself if your Arbitrator is using these practices.

Arbitration Best Practices

1. Be flexible with your approach and open to one that suits the parties needs.

2. Be aware and comfortable with different Arbitration tools & models that can be employed, including Med-Arb.

3. Employ your active listening, creativity, communication skills and knowledge to help the parties determine the most appropriate Arbitration Process for their dispute.

4. Be flexible throughout the process, as you may need to shift your approach depending on developments outside your control.

5. Utilize your case management skill set, organizational skills, and proactive manner to move the process forward, rather than allowing the file to get sidetracked or meander.

6. Encourage the parties to keep an open mind during the case, as opportunities for settlement may develop.

7. Being an active listener and effective communicator is also important during the hearing, as it helps you to run an efficient and impartial arbitration.

8. Ensure your award/decision summarizes the positions of the parties with respect to the issues that are relevant to the arbitral tribunal

9. Refer closely to the list of dispositive issues in outlining your decision as agreed to by the parties or determined by the arbitral tribunal

10. Explain your reasoning – how you applied the law to the relevant facts, including references to your findings of fact.

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To discuss using Marshall as an Arbitrator, please contact him directly.  He may be reached by phone at (416) 789-2983  or by email at marshall@schnappmediation.com

ABOUT THE MARSHALL SCHNAPP, BA, JD, LLM (ADR)
Marshall has a strong background in arbitration, having Arbitrated close to 1000 cases.

He is well versed in the law and applies it in a well-reasoned manner.  He has issued over 60 decisions, (you can review some by clicking here) including arbitration decisions on priority disputes, catastrophic impairments, other substantive issues, preliminary issues, motions, and expense hearings.

Marshall has also arbitrated commercial disputes.