Ontario Arbitration Course Outline

As Arbitrator you can be the referee or be the Judge…

    The next Arbitration course will be the week of June 17, 2013. Classes in Toronto will be held Monday to Friday during the week of June 17-21, 2013 with daily classes running from 9 AM to 5:15 PM in a seminar format.The course outline below is for the June 2013 class but may be subject to minor changes in the order of topics. It is representative of the topics and content of the course which is approved for the ADR Institute Certificate as a 40 hour arbitrator training course.

YOU can be the Judge

 Arbitrators are like private judges hired to decide a dispute. Arbitration course certificates from the ADR Institute are included in the registration fee as are all course materials, refreshments and five days of quality lunches. This program has been accredited again in 2013 by the Law Society of Upper Canada for 3 hours toward the annual Professionalism Requirement which is the total number of hours needed by Ontario lawyers, and for 34.5 hours going beyond the Substantive Requirement. There is no pre-requisite for taking this course and you do not need to be a lawyer to take it.  You may REGISTER NOW.

JUNE 2013 ARBITRATION COURSE OUTLINE

1. Monday June 17, 2013, 9 AM to 5:15 PM

• Distribution of Course Materials Book
• Introduction to Course and Topics
• International Arbitration
• Other forms of Alternative Dispute Resolution
• Contrasting Procedures of Mediation and Arbitration. How they may and may not be used together.
• Introduction to Ontario’s Arbitration Acts
• ADR Organizations
• Ontario Court Procedures and Process:
• The Rules of Civil Procedure and the Ontario Evidence Act
• Law of Evidence including Hearsay Rules
• Contract Law
• Principles of Tort
• Assessment of Damages
• Interest and costs

2. Tuesday June 18, 2013, 9 AM to 5:15 PM

• Ontario Arbitration Act, Flexible procedures, opting out of provisions
• Powers and Procedures under the Arbitration Act
• Court Involvement in the Arbitration Process including interim applications, appointment of Arbitrators, stay of court proceedings, jurisdictional issues and matters of law, removal of Arbitrators, court powers preserved, Appeals and applications to set aside, enforcement of Arbitration awards.
• Changes in Ontario law regarding religion based arbitration

• Provisions of Ontario’s Statutory Powers and Procedures Act which apply to arbitration
• Interest on Arbitration awards (referring to Sections 127-130 of the Courts of Justice Act)

3.  Wednesday June 19, 2013, 9 AM to 5:15 PM

TEST ON ARBITRATION ACT

• Production and Discovery of Documents
• Role of Oral Examinations for Discovery and the danger of delay
• Pre-Arbitration Meeting
• Mediation during the Arbitration process
• Family Law Arbitration amendments

• Recent Changes in Civil Court Procedures and their impact and influence on Mediation and Arbitration
• The Arbitration Agreement, definitions and checklist for inclusion and further Arbitration Agreements during proceedings
• Costs awards in Arbitration
• Initial retainer of Arbitrator, conflicts reasonable apprehension of bias, communication outside of formal meetings and hearings, Arbitrator’s fee schedule, written agreements between the Arbitrator and the parties, qualifications of the Arbitrator, Errors and Omissions Insurance and negotiating and securing payment of Arbitrator fees
• Use of Expert Arbitrator’s specialized skills and knowledge

• Negotiating and drafting an Arbitration Agreement:
• The class will divide in half and each half will take a side and negotiate the terms for a construction arbitration agreement. The instructor will assist both sides in their negotiation of an agreement
• Lawyers meet prospective new sole Arbitrator and they discuss potential appointment, conflict issues and fee arrangements. Course materials will include background of parties and dispute, resume of arbitrator and other relevant documents.
• Procedures in a formal arbitration hearing, variations and alternatives.
• Group meetings to prepare for the Mock Arbitration

9.     Thursday June 20, 2013, 9 AM to 5:15 PM

• The Role of the Expert Witness, Independence of the expert.
• Role play where the class members will play the role of counsel in qualifying examining, cross-examining, re-examining, and arbitrators questioning of the expert witness.
• Two sides meet to resolve procedural issues arising in the early stages of the hearing
• Onus and burden of proof

• Condominium Dispute Resolution
• Final Preparation for Mock Arbitration

• Role Play for full class with Mock Arbitration. Flinders versus Mismo updated.  The Case of the Burning Factory. An insurance claim. Three students will play arbitrators while others in the class play the roles of parties, witnesses and Counsel teams. This will be a full hearing with evidence called following opening statements in the previous class, examination in chief, cross examination and re-examination of each witness. Closing Statements are given. Arbitrators give oral reasons for decision. Instructor comments.

5.    Friday June 21, 2013 9 AM to 5 PM

• Completion of Mock Arbitration
• Review of Various Arbitration Rules
• International Arbitration, Ontario and Canadian Legislation plus international treaties and international associations
• Community Dispute Arbitration
• Onus and burden of proof
• Marketing Arbitration and other ADR Service

• Discussion of procedures in different types of Hearing
• Communication and relationship skills of arbitrator, dealing with different cultures and unequal positions of strength or knowledge. Applying fairness considerations. This will include discussion of faith based arbitration and the new regulation of family arbitration
• Weighing evidence and reaching a decision
• Preparing reasons for decision, writing awards, appeal and review considerations
• Conclusions and farewell