Arbitrator

In Canada, the federal government groups and organizes occupations based on a National Occupational Classification (NOC) system. This alis occupation may not reflect the entire NOC group it is part of. Data for the NOC group can apply across multiple occupations.

The NOC system is updated every 5 years to reflect changes in the labour market. Government forms and labour market data may group and refer to an occupation differently, depending on the system used.

Here is how this occupation has been classified over time.

2006 NOC

• 1121: Specialists in Human Resources

2006 NOC-S

• B021: Specialists in Human Resources

2011 NOC

• 1121: Human resources professionals

2016 NOC

• 1121: Human resources professionals

2021 NOC

• 11200: Human resources professionals

Arbitrators have responsibilities similar to those of judges, but their “courtroom” can be anywhere. The place and arbitrator are usually chosen by the disputants (the people involved in the dispute).

In general, arbitrators hold an initial meeting with disputants to outline the arbitration process and establish guidelines. They then settle procedural matters such as meeting locations and arbitration fees. They also:

• Determine the number of witnesses and how much time dispute resolution is likely to take
• Conduct structured hearings in which each disputant gets a chance to present evidence and arguments, call witnesses and cross-examine the other party’s witnesses
• Listen and assess the merits and validity of the arguments and evidence presented
• Handle complex factual material, analyze problems, identify and separate the issues involved, and apply legislation and precedents to decisions
• Write a clear, logical, and concise decision (called an award) that is binding on the disputants and states the reasons for the award

Unlike other dispute resolution practitioners, only arbitrators produce a result that can be filed with the court and enforced as a court order.

Arbitration may be used to resolve disputes between parties including:

• Management and labour
• Businesses and consumers
• Claimants and insurance companies
• Business partners
• Residential and commercial construction
• Almost any alleged breach of contract
• Marriage partners

Arbitration is recommended over taking a dispute to court when:

• The disputants want to resolve the conflict quickly, efficiently, and cost-effectively
• The dispute involves complicated matters that require an arbitrator who has expertise in a particular field
• The dispute involves confidential matters

Arbitration can be formal or informal, depending on the circumstances and the wishes of the parties. Arbitrators may conduct hearings in boardrooms, hotel conference rooms, on construction sites, or anywhere else that is acceptable to all parties. This can include using digital means such as Zoom, Teams, and WebEx. Hearing dates and times are negotiated by the parties or set by the arbitrator at the beginning of the process.

Arbitrators often work in other occupations and contract their services as arbitrators when they are needed. Generally, arbitrators are hired on a one-off basis. An arbitrator hired by one party on a regular or recurring basis may be thought of as biased in favour of that employer.

When people agree to take their dispute to arbitration, they must find a mutually acceptable arbitrator, preferably someone who has:

• Training or experience in arbitration
• A reputation for making sound, impartial decisions
• Some knowledge of the subject area of the dispute

Where parties cannot agree on an arbitrator, the Court of King’s Bench of Alberta will appoint one. Parties may also agree to have an institution such as ADRIA or ADRIC appoint the arbitrator.

Disputants may obtain a directory of arbitrators and mediators from the ADRIA or ADRIC.

Procedures for appointing arbitrators vary. Disputing parties may choose a single arbitrator or a panel of 3 arbitrators.

Industry Concentration

This section shows the industries where the majority of people in this occupation work. The data is based on the 2016 Census.

In Alberta, this occupation is part of 1 or more 2016 National Occupational Classification (NOC) groups.

In the 1121: Human resources professionals occupational group, 76.1% of people work in:

• Public Administration
• Professional, Scientific, and Technical Services
• Mining and Oil and Gas Extraction
• Health Care and Social Services
• Other Services
• Finance, Insurance, Real Estate, and Leasing
• Educational Services
• Management, Administrative, and Other Support

Employment Outlook

Employment outlook is influenced by a wide variety of factors including:

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Employment Outlook

Employment outlook is influenced by a wide variety of factors. Learn how these factors can affect your career decisions.

• Time of year (for seasonal jobs)
• Location in Alberta
• Employment turnover (when people leave existing positions)
• Occupational growth (when new positions are created)
• Size of the occupation
• Trends and events that affect overall employment, especially in the industry or industries from the previous list

In Alberta, the 1121: Human resources professionals occupational group is expected to have a below-average annual growth of 1.8% from 2019 to 2023. In addition to job openings created by employment turnover, 212 new positions are forecasted to be created within this occupational group each year.

Note
NOC groups often include several related occupations. Although there is labour market data for the larger NOC group, this occupation makes up only a part of that group. It means data for this occupation may be different than the data shown. For example, only some of the new positions to be created will be for this occupation. It also applies to other data for the NOC group such as number of people employed.

Source: 2019-2023 Alberta Regional Occupational Demand Outlook

ADR Institute of Canada (ADRIC) website: adric.ca

Alberta Arbitration and Mediation Society (AAMS) website: canadamodern.org/alberta-arbitration-and-mediation-society  

National Family Law Arbitration Course website: nflac.ca

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