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.
British Columbia is blessed with a wealth of excellent arbitrators. The arbitrator you choose should be:
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.
I have extensive experience (over 30 years) in labour and employment law acting in numerous disputes.
I have conducted arbitrations in K-12 education (both teachers and support staff); post secondary education; health care; construction industry; brewing industry; cement production; municipalities; transit; pulp and paper industry; food distribution; lumber; meat production; elevator industry; concrete products industry; soft drink industry, entertainment industries.
I am available to conduct arbitrations and mediations either online or, as permitted and appropriate, in person.
My online practice is conducted using popular collaboration tools including Zoom and Microsoft Teams.
Let's work together to find the right mix of preference and practicality.