The last Arbitration course was the week of June 16, 2016. The next one will be the week of October 16, 2017. Early Registration is now open at a discounted rate. The course outline below is from the 2016 class and will be updated. It is the approximate outline for the course, which is approved for an ADR Institute Certificate as a 40 hour arbitrator training course and also qualifies those who complete the course for Arbitrator membership and the Q. Arb designation. You would receive more than the total of all CPD credits required if you are a licensee of the Law Society of Upper Canada.
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 reviewed and accredited again in 2016 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 35 hours 45 minutes 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. Please contact us if you are interested in a future course which will be scheduled soon.
JUNE 2016 ARBITRATION COURSE OUTLINE
1. Monday, June 20, 2016, 9:00 a.m. to 5:15 p.m. Distribution of Course Materials Book Introduction to Arbitration – Equality and Fairness, Decision Making Introduction to International Arbitration treaties and model law Other forms of Alternative Dispute Resolution Contrasting Procedures of Mediation and Arbitration. How they may and may not be used together – Fairness, Confidentiality and Evidence Issues Introduction to Ontario’s Arbitration Acts ADR Organizations – Ontario, Canada and International General Principles: Ontario Court Procedures and Process, The Rules of Civil Procedure and the Ontario Evidence Act, Law of Evidence including Heresay Rules, Onus and Burden of Proof, Contract Law, Principals of Tort, Assessment of Damages, Interest and costs Ontario Arbitration Act
2. Tuesday June 21, 2016, 9:00 a.m. to 5:15 p.m. 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. Ontario law regarding religion based arbitration
3. Wednesday June 22, 2016, 9:00 a.m. to 5:15 p.m. Quick review followed by TEST ON ARBITRATION ACT Production and Discovery of Documents Role of Oral Examinations for Discovery and the danger of delay Pre-Arbitration Meetings Family Law Arbitration in Ontario Statutory Powers Procedure Act Interest on Arbitration Awards Solicitors Act Online Arbitration processes 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 Advocacy in Arbitration Negotiation and drafting Arbitration Agreement: Small Group Case Study: Blackadder v. Fawlty – To 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
4. Thursday, June 23, 2016, 9:00 a.m. to 5:15 p.m. The Role of the Expert Witness, Expert Reports, Independence of the Expert Small Group: Two sides meet to resolve procedural issues arising in the early stages of the hearing Onus and burden of proof Preparation for Mock Arbitration: Afternoon Role Play for full class with Mock Arbitration. Flinders v. Mismo. The Case of the Burning Factory. An insurance claim. Three students will play arbitrators while others in the class play parties, witnesses and Legal Counsel teams. This will be a time limited full hearing with evidence called following opening statements in the previous class, examination and re-examination of each witness. Closing Statements are given. Arbitrators give oral reasons for decision. Instructor comments.
5. Friday June 24, 2016 9:00 a.m. 5:00 p.m. Completion of Mock Arbitration Review of Various Arbitration Rules International Arbitration, Ontario and Canadian Legislation plus international treaties and international associations Ontario Condominium Arbitration (Change are coming) Onus and burden of proof Marketing Arbitration and other ADR Service, competence issues Billing Rates for Arbitrators Discussion of procedures in different types of Hearing including summary procedures, documentary hearing, online and video proceedings 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 regulation of family arbitration Weighing evidence and reaching a decision Preparing reasons for decision, writing awards, appeal and review considerations Conclusions and farewell
YOU CAN REGISTER NOW FOR THE NEXT COURSE OCTOBER 16-20 2017 $300 DEPOSIT: