Alternate Dispute Resolution Dictionary/Glossary
International Commercial Arbitration
The short form for alternate dispute resolution, which includes the procedures of negotiation, mediation, and arbitration.
A right a party to an arbitration has to have the decision of an arbitrator reviewed by a Court or other tribunal or to request a completely new hearing before that court or other tribunal, if a right of appeal is not excluded.
The proceeding in which a third party decision maker, other than a judge, known as an arbitrator, renders a decision binding on all parties to the arbitration.
The decision rendered by one or more arbitrators and also refers to the actual document setting out the decision of the arbitrator or arbitrators.
Sometimes used to refer to an arbitration where there is no right of appeal. However, this does not preclude judicial review.
An arbitration in a business setting, as opposed to a dispute between individuals. Various arbitration institutes have special rules for commercial arbitrations.
A complaint by a member of a union, or the union itself, alleging the breach of a Collective Agreement or claiming a right thereunder, and includes the document initiating such a complaint.
International Commercial Arbitration
A business arbitration in which the parties reside or carry on business in different kind countries or the subject matter of the arbitration deals more than one jurisdiction. Various arbitration institutes have special rules for international commercial arbitrations.
A very limited right a party to an arbitration has, to have a Court or applicable tribunal decide whether the award of an arbitrator has exceeded his/her or their authority (granted by the arbitration agreement, or contrary to the applicable arbitration legislation) or breached the rules of natural justice (a very specific term).
This refers to a hybrid area of ADR in which a typically neutral or impartial mediator attempts to resolve a dispute, and in the event that the parties to meditation cannot reach a decision on the defined issues, the mediator then receives the powers of an arbitrator and can render a binding decision on the parties. This can be a problematic procedure as none of the parties to an arbitration should have a reasonable apprehension of bias on the part of an arbitrator and a mediator’s roll may sometimes give rise to such an apprehension of bias (although not necessarily actual bias).
The procedure in which one or more typically neutral third parties attempt to assist the main parties to the mediation to reach a consensus on some or all of the issues in dispute.
An independent third party who helps parties to a dispute find common ground and resolve some or all of any outstanding issues.
A set of basic rights every decision maker, judicial tribunal, judge or Court must comply with, and which typically cannot be taken away or waived, and includes such things as the lack of bias on the part of the decision maker, the right to be heard, procedural fairness (note that this does not mean that the decision must be fair), etc.
The procedure in which opposing parties, or their representatives (lawyers or otherwise) attempt to resolve issues in dispute without the assistance of a third-party mediator, arbitrator, or judge of a Court.
A quasi-judicial board or panel usually established by statute to provide a decision-making procedure, usually more informal than a court and usually more economical and speedy, and staffed by trained individuals in a particular field. For example:
The Ontario Labor Relations Board
The Trademarks Opposition Board (Canada)