ADR Works – Arbitration & Mediation

There will be Arbitration courses in June 2013

YOU CAN STILL REGISTER NOW FOR THE NEXT ARBITRATION COURSE TO BE HELD MONDAY TO FRIDAY THE WEEK OF JUNE 17, 2013 ON A 9 AM TO 5:15 PM BASIS. REGISTRATION IS OPEN FOR THE COURSE AND WE ARE GETTING CLOSE TO A FULL CLASS. REGISTRATION WILL BE CUT OFF AT 30 STUDENTS WHICH IS THE MAXIMUM CLASS SIZE. A $300 DEPOSIT IS REQUIRED AND THE FULL COST IS $2,000 PLUS HST. THE CLASSES WILL ONCE AGAIN ALL BE AT THE ONTARIO BAR ASSOCIATION (OBA) EDUCATION FACILITY IN DOWNTOWN TORONTO WITH EASY ACCESS BY PUBLIC TRANSIT (TTC OR GO TRAIN). THE FULL COURSE OUTLINE IS POSTED. COURSE FORMAT IS NOW ONE WEEK DURING BUSINESS HOURS. VIEW THE COURSE OUTLINE AND SCHEDULE.
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COURSE INFO:

Murray Miskin has been the principal trainer of arbitrators in Ontario, Canada since 1985. He teaches a 40 hour course which has been the standard for qualification of arbitrators in that Province. This program is not just for lawyers but it has been accredited on a renewal basis in 2013, by the Law Society of Upper Canada for all 3 required hours toward the annual Professionalism Requirement for lawyers with additional hours counting as 34.5 substantive hours, far more than the continuing education requirement. Students receive a Certificate from the ADR Institute of Ontario upon completion which reflects the minimum level of training to become a practicing Arbitrator member of the Institute. Graduates are also qualified to applied for the Q Arb designation from the ADR Institute which confirms that they meet the standard of “Qualified Arbitrator”. We encourage course graduates to join the ADR Institute and to take follow up courses and to get arbitration experience which adds to their qualifications. 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 conflict resolution and ADR service demand over the next several years. We are now offering Ontario courses in Toronto with a one week, Monday to Friday 9 to 5 format. The new format worked well for the first time it was offered with a class in June 2012 and will repeat in June 2013.

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 or family 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. An ADR Institute of Ontario Arbitration Certificate is provided to each student after graduation with no additional charge. Those who complete the course and wish to apply for Q. Arb status after joining the ADR Institute may do so at their own expense.

introduction:

The Comprehensive Arbitration Training Course as taught by Murray Miskin is the standard in Ontario for Arbitrator training. The course began in January 1985 organized by the University of Toronto School of Continuing Studies for the Arbitrators’ Institute of Ontario. It was the official course of the institute until the process changed in 1997 to having approved courses for both arbitration and mediation. The Arbitrators’ Institute in the 1980s 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 by the Arbitrators’ Institute of Canada and its provincial branches in the late 1980’s as the Canadian model for such training. In 1997 the Institute which had grown much larger with the rise of mediation and mandatory mediation and arbitration starting in 1990 for auto insurance accident benefit claims. The Arbitrators’ Institute became the Arbitration and Mediation Institute of Ontario and changed the course structure for Arbitration to be more like the structure of its approved Mediator training with more practical exercises and small group activities. Murray Miskin continued teaching and also personally administered the new combined 40 hour course which replaced both Arbitration I and II. As the course included the Arbitration I requirements there was no longer a prerequisite for entry. The current 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. 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 sometimes with 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 of this course for certificates which it issues. The Toronto course location at the Ontario Bar Association facility 20 Toronto Street is in easy walking distance of the subway and GO Train with lots of low cost parking in the area too. 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, law clerks or law students 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 Angela 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 or simply understand Alternative Dispute Resolution in their work.