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: Specialists in Human Resources (1121) 
• 2006 NOC-S: Specialists in Human Resources (B021) 
• 2011 NOC: Human resources professionals (1121) 
• 2016 NOC: Human resources professionals (1121) 

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 procedurally fair 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

Arbitration may be used to resolve disputes between parties including:

• Management and labour
• Businesses and consumers
• Claimants and insurance companies
• Business partners
• 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 a formal process or it can be quite informal, depending on the circumstances. Arbitrators may conduct hearings in boardrooms, hotel conference rooms, on construction sites, or anywhere else that is acceptable to all parties. Likewise, 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. Any arbitrator hired on a regular or recurring basis by one party to a dispute may be regarded as biased in favour of the frequent 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

Disputants may obtain a directory of arbitrators and mediators from the ADR Institute of Alberta or the ADR Institute of Canada.

Procedures for appointing arbitrators vary. Disputing parties may choose a single arbitrator or a panel of 3 arbitrators. In some circumstances, the court may appoint an arbitrator.

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

Alberta Arbitration and Mediation Society (AAMS) website: www.aams.ab.ca

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