Arbitration is an alternative dispute resolution process used when there is a dispute for the issue to be resolved by an impartial third party. Most arbitration cases in Ontario are governed by the Arbitration Act, 1991 (“Act”), and decisions made by the arbitrator are final and binding either by agreement by the parties or the governing legislation.
The process of arbitrations is similar to that of trials, as opposed to mediations. In arbitrations, parties can call witnesses, and evidence can be given under oath. However, arbitrators under the Act can govern their own process and rule on his or her jurisdiction.
It is becoming increasingly common for employers to include arbitration clauses in individual contracts of employment, especially in large corporations. Such arbitration clauses may be beneficial in select circumstances as they can help save time and money and maintain a modicum of privacy when there are disputes in the employment context, specifically with highly paid executive employees and larger employers.
Arbitrations are also a staple of the unionized workplace. Provincial unionized employers in the Province of Ontario are governed by the Labour Relations Act, 1995, and the collective agreement.
How can Zeilikman Law help?
Our experienced lawyers understand the benefits of arbitration, however, also the risks and difficulties associated with the process. We will provide strategic and legal advice throughout the arbitration process and assist in the selection of an appropriate arbitrator.
Our experienced lawyers will effectively prepare for the arbitration, and appear before the arbitrator and arbitration boards.
At Zeilikman Law, our lawyers can also help employers draft arbitration clauses that are enforceable to ensure the most timely and cost-effective solution to disputes.