We’ll Connect You with the Right Arbitration Lawyer in Edmonton
Right Legal is a lawyer referral service connecting Edmontonians with the right mediation lawyer to make your life easier.
Secure, convenient, and designed to be a stress-free way to connect anyone to the legal services they need.
Here’s how it works
Answer a few
We’ll search for Edmonton lawyers
based on your criteria
We’ll email you the
You review and select the right lawyer
We’ll help you setup a meeting
At Right Legal, we make finding the right arbiter stress-free.
Simply fill out our short online questionnaire. From there, we’ll search our database to match you with the lawyers meeting your criteria and ready to help. Once you’ve reviewed the list of Edmonton arbitration lawyers and made your selection, we will facilitate a meeting so you and your lawyer can begin working together.
We search, investigate, and carry out background checks to guarantee you receive offers from the very best available. That way, you can feel confident that you have the right legal counsel for your needs.
Arbitration in Edmonton, Alberta
Arbitration involves a settlement made by a neutral third-party. The majority of arbitration is designed to be binding. In most instances, arbitration will occur when a pre-existing arrangement leads to a dispute, or is based upon the specific terms of an arbitration agreement settled on after a dispute has actually happened. Unless otherwise agreed, the commendations to the relevant Arbitration Act (PDF) will need to be followed.
Arbitration in Edmonton, Alberta is a process where the parties to a conflict refer their disagreement to several bodies known as the “arbitrators”, “arbiters” or “arbitration tribunal,”and whose decision everyone must consent to once it had been made. It is a resolution technique where a 3rd group reviews the proof in the case and appoints an option that is legally binding for both sides and legally enforceable.
Arbitration is typically used for the resolution of commercial disputes, particularly in the context of commercial and global transactions. Using arbitration is also frequently employed in customer and employment matters, where arbitration might be mandated by the terms of employment or commercial contracts.
Arbitration has a variety of advantages over litigation, court hearings, and trials. First, it is less hostile than litigation. The parties in arbitration have the opportunity to fully participate in the case and are more likely to work together instead of escalating a disagreement, which typically occurs in litigation. It is normally more affordable than going to court, simply due to the fact that the procedure is quicker and less complicated than total litigation.
Arbitration is also more flexible. Parties would not have to wait weeks, or months to be offered a set court date, which cannot be altered, delaying the wait period even further. Arbitration hearings are set around the schedules of each party, which might even consist of evenings and weekends.
While the same court rules related to evidence are used in arbitration cases, they are generally not as stiff or complex. Procedures can be negotiated between the arbitrator(s) and the parties to their mutual satisfaction. Arbitration gets rid of most of the external steps used in litigation, such as discoveries, interrogatories, requests for documents, and so on. This alone leads to a considerable cost savings and less tension.
Arbitration hearings are mostly personal, and parties can consent to keep the outcome of the hearing private. This is a considerable benefit over litigation, especially if the matter in dispute is awkward or might reveal private info if it became public.
Frequently-Asked Questions in Arbitration
What can arbitration resolve?
Contracts normally have a clause to address exactly what will take happen if there is a dispute, and most specify that the parties to the agreement will enter into mediation and/or arbitration. Arbitration is particularly effective with contract disagreements, differences between partners or investors, construction problems, insurance claims and wrongful termination to name a few. In fact, most civil cases programmed to go to court are much better handled in arbitration.
Where are arbitrations held?
Arbitrations can be held in meeting rooms, conference rooms, or offices. The specific area for an arbitration hearing can be negotiated by the arbitrator and the contesting parties.
How long does arbitration take?
As you might expect, the answer to that depends on the complexity and criteria of each case. In general, it depends on the time it takes for you to prepare your case and assemble the proof you need to present. The actual date of a hearing can range anywhere from a day to a week. After that, it might take the arbitrator or arbitration panel a month or two to examine the case and offer a resolution.
Just how much does arbitration cost?
That, too, depends on how complex the case is and the length of the arbitration. Depending on their credentials and competence, some arbitrators charge $2,000 to $3,000 each day, while others charge considerably less. You will need to factor in the cost of arbitration, along with lawyer or an accountant, in addition to travel costs and other various expenses.
Exactly what are my functions and duties during Arbitration?
While arbitration is less confrontational and more informal than litigation, it is still a disruptive process similar to going to court. Your functions and obligations might differ personally, depending on if you have hired a lawyer to represent you. Without legal representation, you will need to present your case by producing the proof and documents relevant to your argument, call witnesses, and make a strong personal appeal to the arbitrator to rule in your favor.
Is Arbitration legally binding?
Yes. When you and the other party accept arbitration, you lose the right to go to court. Arbitration awards are lawfully binding and normally cannot be appealed.
Is there a minimum or maximum limitation to arbitration awards?
No. There are no monetary limitations on amounts.
Should I employ a lawyer for arbitration?
Just as some people choose to represent themselves in court, you may also choose to represent yourself in arbitration. Depending on the complexity of your case and the award you are looking to receive, it is typically better to have legal representation. In that case, you will be responsible for the separate costs of a lawyer.
If I lose in arbitration, will I be responsible for the other party’s expenses?
Though it is possible for the winning party to get expenses, arbitration usually holds that each side pays for its own lawyer and expenditures while sharing the cost of the arbitrator(s) and any additional costs, such as meals and the location of the arbitration. These details are generally discussed and accepted before the start of the arbitration process.
If an arbitration begins, is it too late to negotiate a settlement?
It is never too late to settle in the arbitration process. In fact, a settlement agreed upon by all parties is usually preferred. Seeing as numerous arbitrators are also trained mediators, you might ask for an independent mediator, permit your arbitrator to assist in settlement negotiations, or have your respective lawyers work out a settlement for you. If you and the other party can reach a mediated agreement, your Arbitrator will prepare an “Approval Award” outlining the resolution for everyone’s signature. If efforts at mediation or negotiation are not effective, the arbitration will begin again.
Is arbitration personal?
Yes. Arbitration process is not open to anyone except the parties involved. The arbitrator’s final award is also confidential unless you or the other party need to enforce the award in court, or in unusual cases, for an appeal.
How do I choose an arbitrator?
Both parties need to accept an arbitrator. In the case of an arbitration panel, each side normally picks an arbitrator, and the two arbitrators then choose a 3rd. If you do not know any arbitrators, a lawyer will. You can also obtain a list of neutral, competent arbitrators from Right Legal.
If I do not agree with the arbitrator’s choice, can I appeal?.
Typically the arbitrator’s award is final, binding and upheld by the courts. In extremely unusual cases where there was clear predisposition or neglect on the part of the arbitrator, if there was an error, or where new evidence has appeared, you may ask the arbitrator to reevaluate the award, or you may appeal to a court.
What is the difference between arbitration and mediation?
Arbitration is similar to the court process since parties provide testimony and give evidence, but it is usually less formal. Mediation in Edmonton is more of a negotiation with the help of a neutral third party where a resolution is not met unless all sides agree.
Here’s How We Connect You with an Arbitration Expert in Edmonton
Questions? Please fill out the form below.
Available Online 24 hours a day, 7 days a week.