Ontario Arbitration Course Outline

Arbitrator as Referee

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

    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:



28 Comments

  • Celia Oliveira says:

    Hello,
    I am very interested in the 2011 ADR training ( 2011 Ontario Arbitration Course) that will take place in Toronto. I don’t have any law or counseling background. Who can register for this course? I have been a registration coordinator responsible for 48,000 names registered per year for a trade show for 8 years and I am the person contact for all visitors with problems related to the rules and regulations for the association that I work for. Would that help me to qualify to attend the training.
    I appreciate your attention to my questions.
    Best Regards,
    Celia Oliveira

  • Susan Huizinga says:

    Hi Celia,

    You should call Mr. Miskin at his contact number for sure! I already registered and my background is occupational health and safety.

    Susan

  • debra ogunniyi says:

    helo again mr, miskin,
    could you pls let me know the duration of the Course in September or pls post what the course schedule will look like in my E-mail box,
    thnks!

  • Murray says:

    We now have the actual course dates and location posted. No changes are expected to this schedule.

  • Gerry LeMay says:

    Would any courses be available in Southwestern Ontario particularly in the London area?

    • Murray says:

      We are not offering a course west of Toronto and we have had a number of students commute from greater distances (eg. Thunder Bay!) to take the course.

  • Marsha Denvir says:

    Hi there,
    I am very interested in attending this course. I can make all dates except for Oct 27th. Is this ok? It is the only question holding me back from registering.

  • Morris Jacob Winer says:

    The course looks interesting. How do I get business once I obtain a certificate? How do I physically arrange the place? Could these two items be a part of a lecture?

    • Murray says:

      Morris, Time is spent covering how to market services and get work in Arbitration including locally and internationally. The point of the course is to get people started doing arbitration not just to give them theory. In the materials there is a chart on the layout of an arbitration hearing room and that is certainly discussed in detail.

  • Ruth Klein says:

    I would have to miss the course on both October 13th and October 20th due to religious holidays. Would there be any way of making up the material?

  • Nicholas Ruest says:

    Dear Murray,

    Are you still taking applicants for this program? I just discovered it today and am VERY interested. It seems like I may have missed the deadline.

  • Bobbi McColl says:

    As an untrained legal secretary of 5 years and a diploma in Municipal Planning and Development, I’m looking for a career change. Am I qualified to participate in this career change?

    • Murray says:

      You can take the course and qualify as an Arbitrator but I can not say if you would get work. That is something you need to figure out. There is a lot of arbitration work related to condominium disputes.

  • Susan Huizinga says:

    The new week long format is a great idea! Very convenient. I must put aside some vacation days!
    🙂

  • David Mercury says:

    Could you please advise me as to the upcoming dates for your course both in Toronto and Ottawa.
    Thank you

  • SHARANJIT PADDA says:

    Is there going to be any evening and week end program coming in 2012

    • Murray says:

      No Sharanjit we have gone to the new one week format which we will maintain exclusively for at least two years.

  • MR. Farrel POTOK says:

    I am a brand new Paralegal licensed by LSUC WHEN IS THE NEXT COURSE OFFERED.

    • Murray says:

      The next course dates are not yet set but it will probably be in late April or in May 2013. We are happy to have paralegals in the class.

  • Brian Goldsworthy says:

    Please advise as to when the next arbitration will take place in 2016.

  • Dayana says:

    Hi Mr. Miskin

    Me and four other people in my group are interested in taking your course. I see your next course is June 20-24th. When is your next course after that this so we can register? What is the current demand for Arbitrators at the moment in Ontario? All the people in my group are either a psychotherapist, paralegal, MD and business background. So would our backgrounds also help us in this field?

    Thank you kindly for your time in answering my questions.

    Thanks

    Dayana

    • Murray says:

      Our next course after the one June 20 to 24, 2016 is likely to be in June 2017. There is growing demand for arbitration services and your group presents unique skills. There is definitely a market for it.

  • Nelcy says:

    Although you do need any prerequisite for this course, is there any to become a arbitrator? Also, after completely this course what is obtained? A certificate?

    • Murray says:

      This course is the qualifying course for arbitrators in Ontario and a certificate is issued by the ADR Institute to all who complete the course.

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