We work hard to make Arbitration fun. It is easier to learn when you are not suffering from boredom or brain overload with dry detailed material. Somehow we have managed over the years to make our arbitration training classes interesting and a few students have even called it “exciting”. The next Ontario Arbitrator Training course has just been scheduled to run from Monday October 28 to Friday November 1 on a 9 to 5 basis at the Ontario Bar Association education facility at 20 Toronto Street in downtown Toronto.
The next class will be more fun and more interesting than ever with our Thursday Mock Arbitration on the same day as Halloween. A Mock Arbitration is where the students take over the class for the whole day and run a simulated full arbitration hearing. Some students play parties and witnesses including expert witnesses. Some are arbitrators on a panel of three and the rest play lawyers who question witnesses and make legal argument to the Arbitration Tribunal who attempt to control the proceedings. The arbitrators give their decision with reasons the next morning at the final class. The course instructor Murray Miskin (who promises to wear a costume on Halloween) provides critical feedback after it is over. We are developing a new adapted case for this course to fully take advantage of people’s creativity and imagination for our Halloween theme. Do not be afraid. This will be fun for everyone and costumes are optional. Some role assignments will be based on student requests and willingness to wear a costume. Students are to provide their own costume and surprise is the key to it.
The course will include all of the same material and content which is approved by the ADR Institute of Ontario for Arbitrator Certification and by the Law Society of Upper Canada for CPD credits. Graduates will be qualified to apply for the Q. Arb designation of the ADR Institute of Canada which is recognized nationally. We are setting a lower limit of 20 students for this class for the best in class discussion and small group experiences.
Do not fear Arbitration
Yes, you can REGISTER NOW with our usual $300 deposit requirement. The full cost of the course remains $2,000 plus HST of $260 due in October.
The next Ontario Comprehensive Arbitration Training Course scheduled to be held the week of June 17, 2013 will proceed as scheduled. We have more than sufficient enrolment to confirm that and we are close to the cut-off number of 30 students. This will be the largest class in a number of years. The course will have a coach to assist with small group exercises and we will run two mock arbitrations. Due to high demand we will run a second course this year the week of October 28th which will include the all day Mock Arbitration to be held on Halloween. Arrangements are in place with the Ontario Bar Association to host the class for all courses at its Toronto facility at 20 Toronto Street in the Yonge and King area. In Ontario the Law Society has reviewed the course again and renewed its approval of the course for the 3 hours of required “professionalism” credits needed by lawyers along with all “substantive” credits. We expect a good number of Ontario lawyers in the class which will balance with the non lawyer participants (eg. accountants, appraisers, architects and other professionals) plus Ontario lawyers, paralegals, law students and others coming in from other jurisdictions. This balance makes for excellent discussions in class of arbitration topics.
The ADR Institute of Ontario has continued its approval of this course for certification. Graduates may join the institute as Arbitrator Members. They are also immediately qualified to apply for the new designation of Qualified Arbitrator Q. Arb. Membership criteria for the institute is as follows: ”Full Membership is open to any person engaged in practicing in the area of arbitration, mediation or alternate dispute resolution who is of good character and reputation, and can satisfy the Membership Committee that he or she has obtained and maintained standards of academic achievement (have successfully completed an Institute-approved 40-hour course in arbitration or mediation or have equivalent expertise arising from experience in the area of arbitration, mediation or alternate dispute resolution in Canada) and professional experience consistent with the aims and objectives of the ADR Institute of Ontario, Inc.” The requirements for Q. Arb which we meet are described in another post at this site .
The cost of the Arbitration course is $2,000 plus HST with a $300 deposit and the balance payable ahead of the course start date. If you are thinking of taking this course register now. Registration is through Paypal which accepts credit cards even if you do not have a Paypal account. The course is taught and administered by Murray Miskin. You may still REGISTER ONLINE NOW for the June course and registration has just opened for the Halloween course. You may also register offline through the Miskin Law Office. Call Angela or Murray at 416-492-0989 to discuss the class and your arrangements.
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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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.
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.
The ADR Institute of Canada has obtained national trade mark protection for the new designation “Q. Arb” to recognize qualified arbitrators. In French it is “Arb. B” for Arbitre Brevete/Arbitre Brevetee. This will allow persons who are institute members to note their recognized qualification on business cards, stationery, marketing and promotional material. The designation is now being offered on a provincial application level with applications to be completed and submitted for review. If the application is accepted by a regional review committee the applicant is then given this recognition after the acceptance has been approved by ADR Canada’s Manager of Designations. There is a right of appeal to a national committee for those who are turned down in their application. No interview is required for Q. Arb.
Q. Arb has a parallel in the Q. Med designation which has been available for a few years for Qualified Mediators. Unlike the Q. Med designation a Q. Arb does not require a person to have any actual experience doing arbitration. Q. Med also requires more than the 40 hours of training required to be a Mediator member of the Institute. There is a total of 80 hours of ADR training required for Q. Med.
A person to be recognized as an Arbitrator member of the ADR Institute is required to have taken a recognized 40 hour training course (such as the course offered by Murray Miskin), or to have equivalent training and/or experience. To qualify for Q. Arb specifically requires a recognized course of the institute or a regional affiliate to have been taken. If the course has an examination and has been taken in the past 10 years it is recognized as sufficient but if the course does not include an acceptable exam or was taken over 10 years prior to application an open book Q. Arb exam must be taken. Those who take the Murray Miskin course qualify because an accepted exam is included in the course, but if the Miskin course was taken over 10 years ago the Q. Arb exam must also be taken. Additional to training a Q. Arb must pledge to abide to ADR Canada’s Code of Ethics, be a member in good standing of the Institute, carry liability insurance and pay an annual fee for the designation. There is a continuing education requirement that must be met on a points basis every three years. There is a fee to apply to be Q. Arb and an annual renewal fee.
Is it worthwhile to obtain the Q Arb designation? That is a personal decision based on your own situation. For those who are interested in arbitration but not in being arbitrators it is not needed. It is really there for people who wish to become established as arbitrators. If, for example, you are a fairly experienced arbitrator it would be better to apply for the higher ranking designation of Chartered Arbitrator or C. Arb, which includes a requirement to have conducted at least 5 paid arbitrations and has an interview requirement. An established arbitrator may not want to bother to get either designation but it certainly does not hurt to have whichever one you may be qualified to obtain. For a new Arbitrator it is very helpful to show you have the credentials to be an arbitrator in order to get assignments which bring experience and income. It is also worthwhile to be insured if you are doing any arbitration or mediation work. We are encouraging current and recent students who take our arbitration course to immediately both join the ADR Institute, have insurance and apply for Q. Arb designation. Practising Ontario lawyers can get specific errors and omissions insurance for ADR work or be covered automatically under their lawyer insurance policy if the work is done through their law practice.
For further information contact the ADR Institute of Canada or your Regional/Provincial branch. In Ontario it is adrontario.ca
Canadian lawyer and highly experienced mediator and arbitrator, Murray H. Miskin, after over 30 years of civil litigation law practice primarily representing Plaintiffs in insurance claims, made the shift out of his Plaintiff insurance practice in 2012 and is providing mediation services additional to arbitration services on a regular basis.
Back in February 1998, after over a decade of work in Arbitration teaching and practice, Murray took comprehensive Mediation training at Osgoode Hall Law School and began to do work as a Mediator mostly with personal injury cases. He went on to take advanced training from Christopher Moore of Boulder, Colorado. He was on the Toronto Superior Court Roster of Mediators starting in 1999 and he left the Roster in 2003 when the demand for his services became too high and interfered with the law practice. Since then Murray worked primarily on his law practice until the end of 2011. The Miskin law practice changed in 2012 to eliminate both the personal injury trial practice and real estate work. Now conflict resolution including Mediation Services have top priority. Most of Murray Miskin’s work as a lawyer has been in the field of insurance law where he has over 30 years of experience. He served as Chair of the Insurance Law Section of the Ontario Bar Association from 2000 to 2001 and the National Insurance Law Section of the Canadian Bar Association from 2003 to 2004. Murray Miskin, who has now moved away from Plaintiff insurance law practice, is ideally suited to provide insurance mediation services. He is recognized for his expertise in personal injury claims, which he now mediates on a regular basis. Murray is the winner of an Acquisition International Law Firm Award for 2012 for his work as a personal injury mediator. This award is for “Canadian Personal Injury Mediator of the Year”. Murray Miskin offers hourly, half-day and full day rates for Mediation Services and does not charge for travel in the Greater Toronto area.
To get further specific information or to book mediation or arbitration services or courses please call to Angela at Miskin Law Offices Extension 112
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