ARBITRATION
Swift, fair and legally binding outcomes delivered by an impartial expert.
Providing arbitration services for commercial, employment and construction disputes in an efficient and cost-effective manner.
Discover the advantages of arbitration for dispute resolution.
Flexibility
Parties have more control over the process in comparison to traditional litigation, including decision-maker (arbitrator) selecion, procedural rules and the timing and responsive dispute resolution experience.
Speed
Arbitration typically moves faster than traditional litigation, as parties can bypass crowded court dockets and set their own timelines for hearings and decisions, resulting in quicker outcomes.
Cost-Effectiveness
Arbitration can be more cost-effective than traditional litigation, often involving fewer procedural requirements, shorter timeframes, and reduced legal fees, and resulting in overall lower expenses for the parties involved.
The Arbitration Process
The arbitrator presides over the arbitration hearing, considering the evidence and arguments presented by the parties, and renders a decision, known as an arbitration award, that resolves the dispute.
Initiation
The parties agree to resolve their dispute through arbitration, either pursuant to a pre-existing arbitration clause in a contract or a separate arbitration agreement. The parties select one or more arbitrators to manage and hear the case.
Preliminary Matters and Discovery
The arbitrator holds an initial conference with counsel to confirm the terms of appointment, discuss procedures, clarify issues and establish a timetable for document exchange, witness statements, expert reports and the hearing.
Case Management
During the course of the arbitration process, if the parties encounter procedural hurdles, including but not limited to discovery or timetable issues, the arbitrator may be called upon to convene additional conferences and issue procedural orders.
Hearing
The parties present their case at a formal hearing before the arbitrator, providing evidence (including key documents, witness testimony and expert opinions) and delivering oral arguments and submissions.
Deliberation and Decision
Following deliberations, the arbitrator renders a written decision (an arbitration award) which, depending on the terms of appointment, will include detailed reasons and be final and binding.
A trusted neutral and impartial arbitrator.
Bernard Morrow has a 25-year track record of analytical decision-making.
Recognition
2023 recipient of the OBA Award of Excellence in ADR in recognition of exceptional contributions and achievements in Alternative Dispute Resolution.
Membership
Member of the Canadian Academy of Distinguished Neutrals, affiliated with the US-based National Academy of Distinguished Neutrals.
Extensive Experience
Author of over 350 written decisions, comprised of commercial arbitration awards and adjudicative decisions (for the Information and Privacy Commissioner of Ontario and the Workplace Safety Insurance and Appeals Tribunal).
Frequently Asked Questions
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Unlike mediation, where a mediator facilitates negotiation between parties to reach a voluntary agreement, arbitration involves an arbitrator who hears all sides of the case and makes a binding decision.
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Arbitration services are only available to parties represented by lawyers licensed by the Law Society of Ontario.
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Costs can include arbitrator fees, administrative fees, legal fees, and out-of-pocket expenses; however, the process is often more cost-effective than court litigation due to quicker resolutions and lower discovery costs.