If you're considering a career in alternative dispute resolution (ADR), you're probably familiar with practices like mediation and arbitration, which people use to resolve disputes out of court.
Given the time, expense, and sheer stress of litigation, it's no surprise that the field of ADR is growing rapidly. But if you're looking to capitalize on this momentum, to start a career in arbitration, where do you begin?
The profession is not regulated in Canada, which means there is no particular course or degree you must complete to practice as an arbitrator. However, there are many training programs out there, leading to diplomas and certificates in arbitration—and the ADR Institute of Canada offers arbitrator designations which are widely respected across the country.
So, what's your first step? How do you select a reputable program, and what are your career options as an arbitrator?
These are just some of the questions we get from prospective students, who are considering arbitration training. And who better to answer them than David Merrigan?
David is a highly experienced arbitrator, who also happens to teach our Arbitration for Professionals Certificate.
So let's get started. Here are David's answers to your most frequently asked questions, along with some valuable advice to start your career.
Q: David, what kinds of disputes do arbitrators typically deal with?
A: Arbitrators can deal with a wide variety of disputes. For instance, arbitration is widely used in labour relations, business and consumer disputes, sports, construction, international trade deals, and torts.
Theoretically, any dispute can be resolved through arbitration, upon consent of the parties involved in the dispute. Arbitrators often specialize in an area in which they have academic credentials or work experience.
Q: What career opportunities are out there for arbitrators?
A: Arbitrators can be employed by federal or provincial governments—for example, as members of adjudicative boards. In recent years, sports has become a growing area in which arbitration is used to settle disputes out of court.
Grievance arbitration between unions and employers is another robust area of practice for arbitrators. You can also specialize in copyright or intellectual property. In Canada, there are opportunities for arbitrators to practice in “document only” arbitrations regarding disputes over the ownership of Internet domain names.
And then you have business and consumer disputes, which are often subject to a mandatory arbitration clause in purchase agreements. Many credit card companies and other businesses hire arbitrators to rule on disputes with their customers.
The career opportunities really are quite varied, depending on your interests, expertise, and career goals
Q: How might a newly trained arbitrator "break into" the field, and find their first job?
A: The first step is to take an inventory of your own interests, aptitudes, and education. Although many arbitrators have a legal background, there is room in this profession for those who do not, if they can bring value in other areas.
For instance, engineers and other specialists within trades can often find a niche in arbitrating disputes that deal with that type of complex subject matter. The same would apply to labour arbitration or sports arbitration.
Your first priority is to earn an arbitration designation from the ADR Institute—such as the “Qualified Arbitrator” designation. This tells potential clients you have an intermediate knowledge of arbitration and related law.
A newly trained arbitrator might also consider applying to “governor in council” appointment opportunities for the federal or provincial government. This can be really helpful to get your foot in the door before setting up a private practice.
These opportunities are regularly posted on government websites. It's a great way for new arbitrators to gain experience on an adjudicative board, where they can oversee a hearing, evaluate evidence, and write a decision or award.
Q: Many arbitrators are also lawyers: do you need a background in law to be successful as an arbitrator?
A: The reality is that the majority of arbitrators have a legal background. But that doesn't mean there isn't room in the field for those who do not. I always encourage students in the Arbitration for Professionals Program to think about a specific niche or area where they can bring value.
For example, several of the top labour arbitrators in Canada are not lawyers—but have extensive experience in the labour relations field. They may have been employment or union representatives during their professional careers, and have transferred those skills into successful careers as labour arbitrators.
Another good example is an organization in Canada called CAMVAP, which hires arbitrators to resolve disputes between consumers of automobiles and the dealerships who sell them. These arbitrators don't have to be lawyers. They use their general or advanced knowledge of automobiles to effectively settle disputes.
Q: Can you tell us about the students you teach in the Arbitration for Professionals Certificate? What professional backgrounds do they come from?
A: I've worked with students from many different backgrounds, including labour relations, engineering, and construction. We've also had people with experience in alternative dispute resolution, such as mediation, who want to expand their skill-set and offer arbitration services.
I would welcome any student who feels they can fill a specific need, whether it's business, sports, art appraisal, construction, or some other trade that uses arbitration to resolve disputes.
Q: What unique qualities do arbitrators need to be successful?
A: Arbitrators need to be curious about people and the nature of their disputes. They need to have an aptitude for filtering out extraneous information, and uncovering the true issues at the heart of the conflict.
Other key characteristics include communication, persuasiveness, diplomacy, and the ability to use both tact and assertiveness when appropriate.
This profession demands above-average writing skills, as the "rewards" (decisions) will constitute legally binding documents. And of course, arbitrators should be able to understand pertinent legislation and case law to both make and defend a written decision.
Q: What attracted you to teaching the Arbitration for Professionals Certificate with Kompass?
A: The flexible delivery method was very appealing to me. In Canada, arbitration training is usually delivered through a two week in-residence program. This makes it difficult for students to balance their work and life obligations— plus they have to travel to the city where the training is offered, which can be quite expensive.
I believe the Kompass online training format will assist in attracting more talented arbitrators to the field. Particularly, I believe this program can contribute to expanding the diversity of arbitrators, and ultimately, the availability of arbitration services to underserved communities. This is a win-win situation for the profession as a whole.
Q: Can you describe the main goals of your arbitration certificate? What are the biggest "takeaways" for students
A: I believe one of the biggest takeaways students will get from the program is a level of comfort with arbitration law, and the ability to guide parties through the arbitration process.
This process involves a pre-hearing meeting, a hearing, and the writing of an arbitration award. Navigating these steps can be intimidating for someone who is new to the field. Even deciding how to set up an arbitration venue can be a source of anxiety.
Kompass arbitration courses help students build a “toolkit” of references, information, and confidence that they can use to overcome real challenges they'll face in the field.
By the end of the training program, students are ready to seek designation from the ADR Institute, and begin looking for opportunities to practice as arbitrators.
Q: Is there strong demand for arbitrators? How do you see this field evolving in the future?
A: I believe that there are, and will continue to be, opportunities for arbitrators who are not lawyers to find areas of practice to which they can bring value.
Particularly, with the progress of technology, online arbitration or "documents only" arbitration appears to be growing. It is now possible to arbitrate a dispute without the parties (or the arbitrator) leaving their homes or offices.
Personally, I believe the labour field needs more non-lawyer arbitrators. And there seems to be a trend towards this. People who have worked as a union or an employee representative, manager, or workplace investigator do tend to make good labour arbitrators.
Also, as the world becomes more complex technologically, with various apps and social media sites harnessing personal information for profit, I believe we'll see a growing need for tech-savvy people who can arbitrate disputes between companies and end-users.
Overall, I think that if you're good at “getting to the matter at hand,” can communicate well both verbally and in writing, and have an intellectual curiosity about a particular area of practice, you'll find opportunities as an arbitrator.
A big thank-you to David Merrigan for answering our FAQs on training, career paths, and areas of practice in the field of arbitration.
We hope we covered all your questions here...but if we missed something, feel free to post it in the blog comments. Or drop us a line on social media.
If you're interested in learning more about the Arbitration for Professionals Certificate, use the links below to request free information, browse the program page, or chat live with an academic advisor. We're here to help.
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