Arbitration and Hybrid Processes

In many instances parties prefer a process that can conclusively resolve a dispute. Arbitration can provide an early and cost effective resolution of most matters, using a process that can be designed to meet the needs of the parties. Arbitration can be final and binding, either through the use of an arbitration clause in an existing agreement, or through an arbitration agreement, agreed to by the parties after the dispute arises.

Agree's panel of arbitrators include experienced professionals with varied backgrounds in accountancy, construction design and law specialties. All of our arbitrators have training in the conduct of arbitration hearings and follow the Rules of Procedure for the Conduct for Arbitrations set out by the Arbitration and Mediation Institute of Ontario.

After an arbitration hearing is requested, Agree will determine what kind of substantive expertise the parties require in an arbitrator to assist them to resolve their dispute. Agree will recommend one or several members of our panel of Associates and provide copies of resumes to the parties. If the parties cannot agree on an arbitrator, Agree can appoint an arbitrator, if the parties so agree. The parties will then execute an arbitration agreement if none already exists.

The arbitrator(s) will sit down with the parties at a Pre-hearing Meeting, to discuss the procedural issues surrounding the case and to come to an understanding about disclosure, the exchange of position papers or pleadings and other matters to ensure an efficient and orderly hearing. He or she will make necessary procedural orders at that time.

In some instances, parties wish to have an opportunity to explore settlement while ensuring that a process is in place to obtain a third party decision where necessary. In these circumstances Agree can work with the parties to craft a process that will encourage flexibility and settlement. Final Offer Selection, Mini-Trials, Med-arb and Arb-med are all processes that Agree has used to good effect in resolving complex commercial matters for clients.

If you want to learn more about arbitration or any of the other hybrid processes that Agree offers, simply call Agree and provide the particulars by phone.