Previous Year Course Outline (Example Purposes)
COMPREHENSIVE ARBITRATION TRAINING COURSE
OCTOBER 2018 COURSE OUTLINE
ALL CLASSES AT ONTARIO BAR ASSOCIATION
CONFERENCE ROOMS A & B, 2ND FLOOR, 20 TORONTO STREET, TORONTO
DAY 1: Monday, October 15, 2018, 8:45 a.m. to 5:15 p.m.
· Distribution of Course Materials Book
· Introduction to Arbitration – Equality and Fairness, Independence, Decision Making
· Introduction to International Arbitration treaties and model law
· Other forms of Alternative Dispute Resolution
· Contrasting Procedures of Mediation and Arbitration. How they may and may not be used together – Fairness, Confidentiality and Evidence Issues
· Introduction to Ontario’s two Arbitration Acts
· ADR Organizations – Ontario, Canada and International
· General Legal Principles: Ontario Court Procedures and Process, The Rules of Civil Procedure and the Ontario Evidence Act, Law of Evidence including Hearsay Rules, Onus and Burden of Proof, Contract Law, Principles of Tort, Assessment of Damages, Interest and costs
· Ontario Arbitration Act – Beginning of Detailed Review with Mandatory Provisions
DAY 2: Tuesday, October 16, 2018, 8:45 a.m. to 5:15 p.m.
· Ontario Arbitration Act, Flexible procedures, opting out of provisions
· Powers and Procedures under the Arbitration Act
· Court Involvement in the Arbitration Process including interim applications, appointment of Arbitrators, stay of court proceedings, jurisdictional issues and matters of law, removal of Arbitrators, court powers preserved, Appeals and applications to set aside, enforcement of Arbitration awards.
· Ontario law regarding religion based arbitration
DAY 3: Wednesday, October 17, 2018, 8:45 a.m. to 5:15 p.m.
· Quick review followed by TEST ON ARBITRATION ACT
· Production and Discovery of Documents
· Role of Oral Examinations for Discovery and the danger of delay
· Pre-Arbitration Meetings
· Family Law Arbitration in Ontario
· Statutory Powers Procedure Act
· Interest on Arbitration Awards
· Solicitors Act
· Online Arbitration processes
· The Arbitration Agreement, definitions and checklist for inclusion and further Arbitration Agreements during proceedings
· Costs awards in Arbitration
· Initial retainer of Arbitrator, conflicts, reasonable apprehension of bias, communication outside of formal meetings and hearings, Arbitrator’s fee schedule, written agreements between the Arbitrator and the parties, qualifications of the Arbitrator, Errors and Omissions Insurance and negotiating and securing payment of Arbitrator fees
· Advocacy in Arbitration
· Negotiation and drafting Arbitration Agreements
· Procedures in a formal arbitration hearing, variations and alternatives
· Group meetings to prepare for the Mock Arbitration
DAY 4: Thursday, October 18, 2018, 8:45 a.m. to 5:15 p.m.
· The Role of the Expert Witness, Expert Reports, Independence of the Expert
· Small Group: Two sides meet to resolve procedural issues arising in the early stages of the hearing
· Onus and burden of proof
· Small Group Case Study: Blackadder v. Fawlty - To negotiate the terms for a construction arbitration agreement. The instructor will assist both sides in their negotiation of an agreement
Lawyers meet prospective new sole Arbitrator and they discuss potential appointment, conflict issues and fee arrangements. Course materials will include background of parties and dispute, resume of arbitrator and other relevant documents
· Review of Various Arbitration Rules
· International Arbitration, Ontario and Canadian Legislation plus international treaties and international associations
· Ontario Condominium Arbitration (Changes are coming)
· Onus and burden of proof
· Discussion of procedures in different types of Hearing including summary procedures, documentary hearing, online and video proceedings
· Weighing evidence and reaching a decision
· Preparation for Mock Arbitration:
DAY 5: Friday, October 19, 2018, 8:45 a.m. to 5:00 p.m.
· Role Play for full class with Mock Arbitration. Flinders v. Mismo. The Case of the Burning Factory. An insurance claim. Three students will play arbitrators while others in the class play parties, witnesses and Legal Counsel teams. This will be a time limited full hearing with evidence called following opening statements, examination and re-examination of each witness. Closing Statements are given. Arbitrators give oral reasons for decision. Instructor comments.
· Marketing Arbitration and other ADR Service, competence issues
· Billing Rates for Arbitrators
· Communication and relationship skills of arbitrator, dealing with different cultures and unequal positions of strength or knowledge. Applying fairness considerations. This will include further discussion of faith based arbitration and the regulation of family arbitration
· Preparing reasons for decision, writing awards, appeal and review considerations
· Conclusions and Farewell