What is arbitration?
Arbitration is a form of alternative dispute resolution (ADR). The parties involved in a dispute voluntarily or obligatorily refer it to one or more persons for a decision, to which the parties agree to be bound.
Legal requirements
In Ontario, arbitration, other than international commercial arbitration, is governed by the Arbitration Act, 1991. It applies [...]

Sorry may no longer be the hardest word, at least in Ontario.

A while ago I posted the story “Sorry Seems to Be the Hardest Word,” on the (then) proposed Apology Act.* I’m glad to report that the Act has been passed and has been in force since April 23, 2009.
In a nutshell, the act “provides [...]

In Monday’s blog I wrote about property division between married spouses at the breakdown of their relationship, as governed by Part I of the Ontario Family Law Act. Unfortunately, this part of the act doesn’t apply to cohabiting spouses. therefore, property division between unmarried spouses is generally done through alternative dispute resolutions (ADR).
At the same [...]

Most people think of mediation as a side dish during the long course of litigation - it’s nice to have, but by no means necessary. Today i suggest otherwise.
As most civil litigation cases are settled before trial, I believe that mediation can be an invaluable opportunity for the parties to resolve the matter on mutually [...]

Today I’d like to conclude my discussion of alternative dispute resolution (ADR) addressing the other two common ADR methods: arbitration and collaborative law.
For arbitration, participation is generally voluntary, though in many instances the parties may be compelled to participate in arbitration under back-to-work legislation or by a contract that was previously entered into. In arbitration, [...]