Arbitration is a highly flexible process

In collective agreement law, arbitration is the ultimate dispute resolution process. The courts do not have jurisdiction to determine collective agreement disputes. Where there is no collective agreement, dismissals may be dealt with in court. However, the parties in those disputes may agree to have a dismissal dispute referred to an arbitrator or mediator.

Arbitration offers many advantages over going to court. It is generally faster, cheaper, and the parties have much more control of the process. Arbitrators may have more flexibility over how the matter is resolved.

But, arbitrators are not restricted solely to collective agreement matters. Outside of collective agreement interpretation and application, arbitrators may be called upon to determine issues arising out of human rights matters, health and safety matters, wrongful dismissals, compensation and classification, and harassment issues.

You need an arbitrator you can trust.

British Columbia is blessed with a wealth of excellent arbitrators. The arbitrator you choose should be:

• Well experienced.
• Widely respected throughout the community, with employers, unions, and individual employees.
• A great listener, capable of writing well thought out decisions that are understandable and accurately reflect the facts of the case.
• Familiar with relevant legislation and jurisprudence.
• A quick learner, avoiding the need to have to "take the arbitrator to school" on every case.

Arbitrators should also be excellent mediators. While not every case can be successfully mediated, you want an arbitrator who sees opportunities for mutual agreement and who works tirelessly to bring a mutually agreed-to outcome when appropriate.