Who does the ADR Institute of British Columbia serve?
As a professional body and a regional affiliate of ADR Institute of Canada, the ADRBC represents trained, experienced and accredited practitioners of mediation and arbitration throughout British Columbia. The ADRBC serves its membership by providing a referral and appointment service, training opportunities in Alternative Dispute Resolution (ADR) and recognized professional accreditation. It serves consumers of ADR services by appointing qualified and knowledgeable arbitrators and mediators, holding its membership to a code of ethics and standards of practice, and providing an avenue of redress should standards of practice fall below a certain standard.
What is ADR?
Alternative Dispute Resolution (ADR) is a term used to describe a basket of procedures outside the traditional litigation process, usually entered into voluntarily by parties to a dispute in an attempt to resolve it. These procedures range from unassisted negotiation at one end of the spectrum to binding arbitration at the other. Arbitration and Mediation are the most common types.
What is the difference between mediation and arbitration?
Arbitration involves adjudication by a third-party neutral. While it is possible to structure arbitration to be non-binding, most arbitration is designed to be binding. Arbitration will in most instances arise by agreement of the parties, either arising out of a pre-existing agreement or based on the specific terms of an arbitration agreement entered into after the dispute has arisen. The single most important distinction therefore, is that the decision of the arbitrator, unless otherwise agreed, will be binding, and the decision may be entered on the court record.
What is the difference between a mediator and an arbitrator?
The mediator does not make a decision, but rather works with the parties to assist them in finding a solution to their dispute that is satisfactory to them. An arbitrator, also a third-party neutral, makes a decision based on the arbitration agreement and the evidence presented in the arbitration proceedings, and the decision, unless otherwise agreed, is binding on the parties.
Is ADR suitable in all cases?
No. For ADR to be successful, the parties must genuinely wish to achieve a settlement. There are cases in which this will not be the desire of one or more of the parties. Examples are: cases where the parties wish to establish a precedent; where a point of law exists upon which the parties wish to have a formal judicial ruling; where a court order is required to enforce a judgment; where evidentiary processes are required to protect the rights of a party; or where extraordinary court relief is sought, such as a declaratory judgment.
Which method of ADR is most often used?
Mediation is the most frequently used form of ADR, though it may be used in conjunction with other forms of ADR.
When is the best time to use ADR?
Resolution of a dispute requires careful preparation whether the process used is ADR or litigation. Careful analysis of the dispute involves fact and document gathering and involvement of those who are able to provide evidence. Analysis of the facts and the law are necessary to permit an assessment of risk and of the value of a claim or level of exposure to a claim. Contemporaneous with these assessments, consideration should be given to the use of ADR.
If for any reason ADR is not initially thought to be appropriate, it should nevertheless be considered as circumstances develop and as procedural milestones in litigation are passed – such as at the close of pleadings; production of documents; completion of discoveries; setting down for trial; and at the time of witness preparation for trial. The success rates from using ADR are such that the presumption ought to be that ADR should be used, and justification be sought as to why it is not being used.
Who pays the arbitrator/mediator?
The costs of an arbitration are in the discretion of the arbitrator who, in making an order for costs, may specify the persons who must pay and the amount to be paid.
All parties shall bear their own costs for mediation and share equally the fees of the mediator.
How is an arbitrator or mediator selected for a case?