Consider An Alberta Arbitrator As An Alternative To Judicial Litigation

By Author: Andrew Bui
Total Articles: 1231
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Choosing an Alberta arbitrator to resolve a dispute that has occurred within the commercial arena is quite common now. Arbitration is becoming an extremely popular method of resolving disputes, particularly between businesses. It differs quite considerably from other processes for handling conflict, like mediation and court litigation. A variety of factors are responsible for the differences between this form of dispute resolution and the others.

When it comes to mediation, for example, the parties in conflict are typically guided by the mediator into finding common ground. Arbitration, in contrast, results in a settlement that has been determined by the impartial arbitrator or arbitrators that are presiding over the process. Before the proceeding can take place, the disputants must agree to abide by the final ruling. Generally the judgment is considered binding and can only be appealed if proof can be given that the presiding adjudicator was biased toward one of the disputants.

Arbitration can be either voluntary or mandatory, although even compulsory arbitration may have been entered into by disputants ...
... willingly signing an agreement to proceed on this basis. These agreements are quite common in the business world today, as they equip businesses with an option to settle out of court, should a dispute occur. This is one of the multiple forms that employers often request of their new staff.

A major reason that coming to a settlement through alternative dispute resolution is so important in the commercial realm is that it is far less costly than conventional methods. Additionally, this procedure is generally not as time consuming as court proceedings. Also there is far more flexibility in how these proceedings can be handled, when compared to litigation.

The businesses that delve in international affairs will find this type of resolution particularly attractive. Often, arbitration is found to be more binding than a settlement arrived at through litigation. This is because determinations granted through one nation�s court system will not always transfer over to another nation as smoothly as an arbitration ruling does. This is mainly a result of the New York Convention of 1958 which gave priority to awards reached through this process. This treaty has since been adopted by virtually all of the United Nations Member States.

Most parties that work with an Alberta arbitrator are very happy with the conflict resolution that they receive. This process is quicker, less expensive, and more internationally binding than most other forms of dispute resolution. Furthermore, where litigation through the court is generally treated as public information, out-of-court settlements like these are typically sealed. Advantages such as this are elements of what has made this method the standard procedure for managing conflicts within businesses.
For more information please visit: alberta mediator and other practice areas at Arbitration Alberta.