There will be Arbitration courses in 2012
THE NEXT ONTARIO ARBITRATION COURSE IS TENTATIVELY SCHEDULED TO BE OFFERED IN TORONTO THE WEEK OF APRIL 16, 2012. MORE 2012 TORONTO DATES WILL BE SET AND WE EXPECT OTTAWA DATE TO BE SET AS WELL SOON. REGISTRATION IS NOT YET OPEN EXCEPT THAT PERSONS REGISTERED FOR THE 2011 COURSE ON WAITING LIST ARE ALREADY PRE-REGISTERED FOR THIS COURSE. WE WILL POST A LINK TO NEW REGISTRATIONS AS SOON AS IT IS AVAILABLE. THE FULL COURSE OUTLINE IS POSTED FOR THE FALL 2011 ARBITRATION COURSE WHICH RAN FROM THURSDAY SEPTEMBER 8TH AND ENDED ON TUESDAY NOVEMBER FIRST. COURSE FORMAT IS CHANGING FROM EVENING AND WEEKEND CLASSES OVER TWO MONTHS TO ONE WEEK DURING BUSINESS HOURS. VIEW THE LAST COURSE OUTLINE AND SCHEDULE.
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COURSE INFO:
Murray Miskin has been the principal trainer of non-labour arbitrators in Ontario, Canada since 1985. He teaches a 40 hour course certified by the ADR Institute of Ontario which has been the standard for qualification of arbitrators in that Province. This program is not just for lawyers but it has been accredited by the Law Society for 3 hours toward the annual Professionalism Requirement for lawyers with additional hours counting as substantive hours towards the continuing education requirement. The course was taught primarily with week night evening classes in Toronto. The last course began at the Ontario Bar Association Facility at 20 Toronto Street, on September 8, 2011 with most classes on Tuesdays and Thursdays. The course ended November 1st. Students receive a Certificate from the ADR Institute of Ontario which reflects their qualification to act as Arbitrators. We have been asked about how to get work as an Arbitrator and confirm that marketing of ADR Services is a major element of the training. We see arbitration as an expanding area of ADR service demand over the next several years. We will in 2012 be offering Ontario courses in Toronto and Ottawa with a new one week, Monday to Friday 9 to 5 format. The first course of 2012 is now scheduled to begin on Monday April 16th BUT THAT IS NOT YET CONFIRMED.
FAQs answered: You do not need to be a lawyer or have any pre-requisite training to take this course, it is not required that you attend every class to pass the course, the content is applicable outside Ontario but is mostly based on Ontario laws which are similar to those of other Canadian jurisdictions, access to Toronto classes is easy by car or subway, no this is not labour arbitration but it will be discussed, yes there is work for Arbitrators and that work availability is expanding, and no there is not much homework or requirement to spend much time working on the course outside of classes. It is a 40 hour course meeting Ontario and national standards for arbitrator certification. An ADR Institute Arbitration Certificate is provided to each student after graduation with no additional charge.
introduction:
The Comprehensive Arbitration Training Course as taught by Murray Miskin is the standard in Ontario for non-labour Arbitrator training. The course began in January 1985 organized by the University of Toronto School of Continuing Studies and the Arbitrators’ Institute of Ontario. That organization then consisted mainly of engineers and others involved in the construction industry. The course originally was called Arbitration II and it was an advanced course of 25 hours instruction taught by Murray Miskin and offered to lawyers and experienced non-lawyer arbitrators. Others who wanted to take the course were required to take an introductory course of 25 hours instruction taught by Howard Levitt and later by Genevieve Chornenki called Arbitration I which provided basic legal and arbitration background. Arbitration II was taught by Murray Miskin until the spring of 1997 and was the course seen as qualifying persons to act as arbitrators in Ontario. That course was accepted in the late 1980’s as the Canadian model for such training. In 1997 the Institute which had grown much larger and become the Arbitration and Mediation Institute of Ontario changed the course structure to be more like the structure of its Mediator training with more practical exercises and small group activities. Murray Miskin continued teaching the new combined 40 hour course which replaced both Arbitration I and II. As the course included the Arbitration I requirements there was no set prerequisite for entry. This course attempts to strike a balance between the needs of lawyers training to be arbitrators or counsel at arbitration and those of other professionals wanting arbitration training who also require legal procedure background that most lawyers already possess. Even experienced litigation lawyers taking the course have commented positively on their learning experience in legal procedure and the benefits of discussion of issues by a group which includes both legal and non-legal perspectives. The course has been enriched by the added small group exercises in negotiation of arbitration agreements, challenging potential bias in an arbitrator and strategizing on a party’s behalf. The process of making a decision and backing it up with reasons is carefully explained. The highlight of the course continues to be a full arbitration hearing of a fire insurance claim defended on the basis of possible arson by the factory owner. The Arbitration and Mediation Institute changed its name to the ADR Institute of Ontario several years ago and continues its approval and certification of this course. The course is about to enter a new stage where it will be offered more frequently on the basis of one dedicated week to fully complete it. Additional resources will be available to the class to enrich the content. The new Toronto course location will be in easy walking distance of the Spadina subway line and with lots of free parking. Lunch will be provided each day in addition to refreshments.
COURSE REQUIREMENTS – IS THIS ARBITRATION COURSE FOR YOU?
There is no specific pre-requisite for taking this course. Usually almost half of the students are lawyers with most of the rest being professionals or business people. Many students are accountants, engineers, architects or real estate brokers and appraisers. Many students are people who have retired or hope to retire but still earn good income from occasional work where they can apply the skills and experiences developed in their careers. Some of our students have been able to obtain full time jobs and even judicial appointments with this course being a qualifying factor. Many people are looking for a career change and arbitration may be a path to take if you have the right background or contacts to give you a reasonable chance of being selected as arbitrator Construction disputes are generally resolved by arbitration rather than court as are commercial lease renewal rent and other disputes. Ontario’s new condominium law took away the right to sue for disputes so that if mediation can not settle a dispute arbitration is the next step. There are many other areas where arbitration is becoming the primary method of resolving disputes which can not settle by mediation or other means. Please call Christine at the Miskin Law Office Extension 112 with questions or to submit your name to be contacted with further information. The course is also of great assistance as a skill and confidence builder for non-lawyer Mediators who require more legal training. For mediators who are not lawyers the course gives the legal background and understanding of civil justice geared to the ADR process which is required to become a roster mediator of the Ontario Courts. Special attention is given to the Courts of Justice Act and the Rules of Civil Procedure. Lawyers benefit by gaining an understanding of how non-lawyers deal with legal issues and situations which makes them better communicators. The classes, which mix lawyers and non-lawyers and people from vastly different backgrounds as students, challenges each student to take a different approach than they normally do in dealing with others. It is expected that Government and companies will make the course available to employees who need training to include Alternative Dispute Resolution in their work.
