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2018
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WWW.LEXPERT.CA
ARBITRATION
Arbitration
Advantages
ARBITRATION OFFERS A FLEXIBLE AND PRIVATE
ALTERNATIVE TO A BUSY COURT SYSTEM BUT
THE PARTIES MUST WANT TO REACH A SOLUTION
TOGETHER IN ORDER FOR IT TO WORK WELL
By John Greenwood
Arbitration was supposed to be the answer to Canada's
backed-up legal system. Instead of waiting years and paying
exorbitant sums for a final judgment, parties could agree to go
to arbitration where — so we were told — disputes could be
dealt with in a fraction of the time. at was how it was sup-
posed to work, and indeed, how it actually did work, accord-
ing to proponents. But what's become clear in recent years is
that some of the shine has come off, partly because arbitration
has become a victim of its own success.
Faced with a court system that seems to be bursting at
the seams, parties are highly motivated to explore alterna-
tives such as arbitration — and many parties have agreed to
by contract. is has brought many of the same bottlenecks
to arbitration.
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