Why Arbitration is a good option during COVID-19 Pandemic

Blog Layout

Why Arbitration is a good option during COVID-19 Pandemic

Emily Tilleman, Associate Lawyer - LETOURNEAU LLP • May 20, 2020

Alternative Dispute Resolution is a great option.

May 20, 2020 -

Emily Tilleman, Associate Lawyer, LETOURNEAU LLP

The spread of COVID-19 has significantly changed how we are all living and working during this public health crisis. The spread of COVID-19 has caused singificant restrictions to the Alberta’s Court of Queens Bench with all civil and family matters that were scheduled to be heard from March 16, 2020 to June 26th, 2020 adjourned sine die (with no return date), unless otherwise directed from the Court. The Alberta Court of Queens Bench, at this point in time, is only hearing emergency matters in person; many matters that were scheduled to be heard during March 16th, 2020 to June 26th, 2020 do not classify as emergency or urgent matters. The Court, as of May 8th, 2020, has some processes to have a limited number of non urgent matters heard via desk application, however if the matter is at all complex, the matter will not likely be heard until restrictions have been further lifted. Many applications have an aspect of complexity and thus the procedures in place for simple desk applications will not be feasible for some time. This has created enormous difficulties in that many individuals whose matters were scheduled to be heard, or those who have new applications to make to the Court, are left in limbo; this adds additional stress to the already significant stress many are feeling due to the COVID-19 pandemic.

How can individuals affected by the court restrictions come to some sort of resolution during these uncertain times?

ARBITRATION

Arbitration is one of several kinds of Alternative Dispute Resolution, it provides parties to a dispute with a choice other than litigation (engaging in court processes). Arbitration takes place out of court: the two sides select an impartial third party, known as an arbitrator; they agree in advance to comply with the arbitrator's award; and then they participate in a hearing or written document process, allowing both sides to present evidence and argument. The arbitrator's decision is final and legally binding, can be enforced by the Court.

Engaging in arbitration can provide a multitude of advantages to the regular court process some of which include:

The process is generally faster than court litigation. Getting matters resolved through the courts can take a long time. From the point you schedule a hearing for a family law or civil matter it is sometimes 6 months to over a year before you will be before a Judge/Justice. You can avoid waiting to have resolution in your matter by engaging in arbitration, as a hearing can occur much quicker - so long as the arbitrator is available.

Parties can have input in formulating the process for the matter to be heard. This process can be adjusted based upon the parties needs. The complicated and strict Rules of Court are not at play as they would be in litigation in the court.

Your arbitration and the decision will be confidential, rather than a public display or document, as it is with court matters.

Arbitrators can be well versed in family law issues. You can select the arbitrator that both parties would like to determine your matter. Local arbitrators are generally senior family law lawyers who have a wealth of knowledge with respect to family law issues. When you are in front of a Justice there is uncertainty with respect to who will hear your matter, and whether they have specific family law or civil litigation experience or expertise.

The flexibility and ease of the process allows for potentially lower costs then what would be incurred through the court process.

During this crisis individuals need resolution with respect to their family law and civil matters. The COVID-19 pandemic court restrictions have added additional stress for many parties and having a process to resolve these issues can be of benefit to you.

The ADR Institute of Alberta has several materials on their website with respect to arbitration and the benefits of arbitration . Visit https://adralberta.com/ for further information. Additionally, Adam O Letourneau, QC of our firm is a Chartered Arbitrator and Chartered Mediator. He is capable and willing to handle any arbitration matters you may have. Give us a call at 403-329-4311 to learn more.

Additionally, we can help you to bring your matter to arbitration, as we are familiar with some very good, certified and qualified local arbitrators, and we have represented a number of clients in arbitration matters. Give us a call at 403-329-4311 to learn more.

< Older Post Newer Post >