Mediation/Arbitration: Alternative Dispute Resolution

Mediation/Arbitration is a form of alternative dispute resolution. As important and beneficial as mediation/arbitration and all types of alternative dispute resolutions are, they have elements that temper and caution their application.

In the case of McClintock v. Karam, Justice Gray pointed out that mediation/arbitration is inherently counter-intuitive. He notes that many parties opt to have them heard by different adjudicators as each one performs a function that the other does not.

Justice Gray explained as follows:

"As noted earlier, mediation/arbitration is of somewhat recent origin. Ordinarily, if the parties are to engage in both mediation and arbitration, they will feel more comfortable if a different person is used to perform each function. That is because the two functions are instinctively considered to be mutually exclusive."

Justice Gray cited section 35 of the Arbitration Act to support his comments. Section 35 of the Arbitration Act states:

35. The members of an arbitral tribunal shall not conduct any part of the arbitration as a mediation or conciliation process or other similar process that might compromise or appear to compromise the arbitral tribunal's ability to decide the dispute impartially.

To learn more about alternative dispute resolution as well as the services provided by Krol & Krol, call 905.707.3370 today.