THE ADVOCATE 545
VOL. 79 PART 4 JULY 2021
British Columbia, the Honourable Steven Point, O.B.C., along with Jayde
Wood, Sarah McEachern and Ludmila Herbst, Q.C.
DIFFERENCES BETWEEN ARBITRATION AND LITIGATION
As many readers will know, arbitrations are typically kept private (unlike
most court proceedings). This is helpful for businesses operating in a competitive
environment. Compared to court proceedings, arbitrations can also
help achieve a speedier and more economical outcome.
Parties to an arbitration can shape the process, including by choosing the
procedural rules and selecting a knowledgeable arbitrator, who can in
essence serve as a private judge. However, it is recommended to include an
arbitration clause at the time of entering into a contract, in case the parties
cannot agree on how to handle a dispute after one arises. Precedent clauses
and agreements are available on our website.
It is also worth pointing out that arbitration is different than mediation,
which is something in which VanIAC is involved as well. While mediation
involves a neutral third-party who can help resolve a dispute by making
suggestions and using persuasion, arbitrators make decisions that are binding
on the parties.
VanIAC maintains a roster of both pre-approved arbitrators and mediators
with expertise in many different areas, including construction, energy
and ICBC motor vehicle claims.
Of course, in the era of COVID-19, VanIAC has implemented social distancing
measures. Hearings are now routinely conducted by teleconference,
by video or in writing, but have also been safely conducted in person
with appropriate precautions, using hearing space we have arranged.
HERE TO HELP
In life, we would prefer to avoid disputes, but unfortunately, they occasionally
If you or your clients would prefer to avoid going to court if a dispute
arises, consider including an arbitration clause in your agreements naming
VanIAC as the administering body. Sample clauses can be found on our
If you have any questions about how we can be of assistance, our helpful
and friendly staff are available to answer your call (604-684-2821) or reply
to your e-mail (<firstname.lastname@example.org>).