Arbitration is one method of resolving disputes.  An arbitrator, under the Alberta Arbitration Act, is acting like a private judge for the parties.  The parties get to choose their arbitrator or panel and all matters remain private, rather than being public as in a trial.  The arbitrator will provide a written decision which is binding on both parties.  The arbitrator can interpret the Act, bylaws and contracts and can give directions to the parties to do or stop doing something and can award damages and interest, if required.  If one party does not comply with the arbitrator’s directions and decision, the other party can file the written decision in the Court of Queen’s Bench and the written decision or order of the arbitrator is then enforceable just like a judge’s decision.

Mediation & Arbitration – Stepped Agreement

General:

• An Introduction to Arbitration
• How to start the Arbitration Process
• Form – Notice of Intent to Arbitrate-Arbitration Claim
• Form – Reply to Counterclaim in Arbitration

Condominium:

• The Condominium Property Act (s.69) allows the use of arbitration, if the parties agree, as a method to resolve disputes under the Act or in respect of the bylaws.
• An Introduction to Arbitration
• How to Start the Arbitration Process
• Sample Condominium Bylaws
• Form – Notice of Intent to Arbitrate-Arbitration Claim
• Form – Reply to Notice to Arbitrate-Arbitration Response with possible Counterclaim
• Form – Reply to Counterclaim in Arbitration