- Written by marc bhalla marc bhalla
- Published: 06 July 2021 06 July 2021
what is baseball arbitration?
it is final offer selection. that is, the outcome of a dispute is decided by a third party arbitrator; however, the arbitrator chooses amongst the final offers presented by the parties to deliver conflict closure.
- Written by marc bhalla marc bhalla
- Published: 16 September 2021 16 September 2021
if you mediated a case, can you arbitrate it?
yes. not always.
a key reason i decided to get my arbitrator training, experience + designation is because my mediation clients expressed interest in having me arbitrate lingering issues when mediation did not conclude in complete settlement.
read more of... if you mediated a case, can you arbitrate it?
- Written by marc bhalla marc bhalla
- Published: 08 August 2021 08 August 2021
how do i retain you to arbitrate my dispute?
to arbitrate a matter, i need to be appointed as the arbitrator of the dispute. there are different ways to do this...
read more of... how do i retain you to arbitrate my dispute?
- Written by marc bhalla marc bhalla
- Published: 22 July 2021 22 July 2021
does mediating make you a better arbitrator?
yes. in fact, much contemporary training of decision makers includes mediation training. there are several reasons for this.
read more of... does mediating make you a better arbitrator?
- Written by marc bhalla marc bhalla
- Published: 02 August 2021 02 August 2021
do you offer flat rates for arbitration?
i try to but it is not always possible. ultimately, it comes down to how much of my time is needed.
- Written by marc bhalla marc bhalla
- Published: 22 June 2021 22 June 2021
what if we do not agree on an arbitrator?
the appointment of an arbitrator can be more complicated than selecting a mediator. after all, the mediator will not make a decision for you. the arbitrator will.
closure is neater in arbitration when all parties agree to the arbitrator tasked with making a binding decision for them. as with mediator selection mechanisms, there are mechanisms available to help in situations where parties cannot agree on who will arbitrate their dispute. sometimes, such mechanisms are offered in the authority that directs parties to arbitration. it can be helpful to check there first.
- Written by marc bhalla marc bhalla
- Published: 09 August 2021 09 August 2021
why don't you caucus in arbitration?
what is known as "caucusing" is a fairly common procedure in mediation where the mediator has a private conversation with one party outside of the presence of another. in mediation, caucusing can be helpful to consider options, reality check + think. in arbitration, caucusing is not appropriate.
- Written by marc bhalla marc bhalla
- Published: 27 February 2021 27 February 2021
what are the advantages of arbitration?
there are many advantages of arbitrating that are worth considering...
- Written by marc bhalla marc bhalla
- Published: 23 September 2021 23 September 2021
what should i consider in selecting an arbitrator?
if they are appropriately qualified to arbitrate. designations - such as those governed by the adr institute of canada - are a good indicator.
read more of... what should i consider in selecting an arbitrator?
- Written by marc bhalla marc bhalla
- Published: 20 July 2021 20 July 2021
is an arbitrator an adjudicator?
no. their roles are similar and, as a result, many decison makers do both but arbitration + adjudication are different. there are some key differences...
- Written by marc bhalla marc bhalla
- Published: 02 July 2021 02 July 2021
is arbitration like the court shows on tv?
i especially like this question because i have been known to reference judge judy when i explain what arbitration is.
the answer is no, though. for two main reasons...
- Written by marc bhalla marc bhalla
- Published: 02 July 2021 02 July 2021
what if the other party tries to back out once the arbitration has started?
when i am appointed to arbitrate a dispute, the parties who retain me grant me the authority to decide the outcome of their dispute. my jurisdiction is not revocable without mutual consent so the other party alone cannot decide to walk away from arbitration.
read more of... what if the other party tries to back out once arbitration has started?
- Written by marc bhalla marc bhalla
- Published: 22 March 2021 22 March 2021
do i need to secure an arbitration date?
no. there are different ways that arbitration can take place and not all arbitration processes require that everyone gather at the same date + time.
- Written by marc bhalla marc bhalla
- Published: 17 September 2021 17 September 2021
what payment methods do you accept?
pretty much all, but for cash.
- Written by marc bhalla marc bhalla
- Published: 25 September 2021 25 September 2021
do you offer documents-only arbitration?
i sure do. in fact, it is usually the lowest cost option. that said, it is not appropriate for all cases.
- Written by marc bhalla marc bhalla
- Published: 21 April 2021 21 April 2021
can i mediate after proceeding to arbitration?
yes. until the time that the arbitrator presents a binding award upon the parties, it is usually possible for all involved in an arbitration to agree to their own solution + withdraw from the process. it may be important to ensure that this is clear in the terms of your arbitrator's engagement, including the costs that would apply.
read more of... can i mediate after proceeding to arbitration?
- Written by marc bhalla marc bhalla
- Published: 07 May 2021 07 May 2021
what is the minimum amout worth arbitrating?
$1 that is totally a "price is right" answer :)
the fact is that arbitration has a reputation of being expensive. several big name arbitrators make six figures annually off their cancellation fees alone. what is important to keep in mind is the principle of proportionality. a matter is only worth arbitrating if the cost of the process makes sense for the dispute.
big stakes arbitration involving disputes over millions of dollars can cost more than small value issues, but that does not mean that arbitration is not available to address even the lowest value disputes.
read more of... what is the minimum amount worth arbitrating?
- Written by marc bhalla marc bhalla
- Published: 22 October 2021 22 October 2021
what is your arbitrator designation?
i have the chartered arbitrator (c.arb) designation. it is the most senior designation offered in canada to arbitrators.
- Written by marc bhalla marc bhalla
- Published: 20 October 2021 20 October 2021
can you arbitrate anything?
pretty much. that does not mean that you should, though.
- Written by marc bhalla marc bhalla
- Published: 07 July 2021 07 July 2021
do i need a lawyer to arbitrate?
no. some arbitrators are hesitant to arbitrate for self-represented parties but i am not one of them.
i am committed to access to justice + offering my arbitration services equally to all.
- Written by marc bhalla marc bhalla
- Published: 27 February 2021 27 February 2021
how much does arbitration cost?
it really depends on the complexity of the case, the number of issues to be decided + the duration of the proceeding. i pride myself of efficient processes and being among the lower cost qualified arbitrators out there.
- Written by marc bhalla marc bhalla
- Published: 02 August 2021 02 August 2021
does arbitration have to be formal?
as it is an adversarial, adjudicative process, a degree of formality is required in arbitration; however, not nearly the same extent of formality that exists in a traditional courtroom setting.
- Written by marc bhalla marc bhalla
- Published: 01 March 2021 01 March 2021
what is your arbitration style?
while i often speak of judge judy when i explain what arbitration is, i would say that my style is the polar opposite of her's. i am a big believer in procedural justice + ensuring that parties before me have the chance to make their case in full, free of bias + intimidation.
- Written by marc bhalla marc bhalla
- Published: 27 February 2021 27 February 2021
how long does arbitration take?
it really depends on the complexity of the case, the number of issues to be decided + the style of the proceeding. arbitration can take place all at once, like having your day in court, or over a series of stages with deadlines.
- Written by marc bhalla marc bhalla
- Published: 01 March 2021 01 March 2021
can the arbitrator's decision be appealed?
the purpose of arbitrating is to obtain closure. it is much harder to appeal or set aside the award of an arbitrator than it is a court of law.