The Arbitration and Mediation Institute of Manitoba
The Arbitration and Mediation Institute of Manitoba is an incorporated non-profit association, with more than 100 members, and is governed by a Board of 15 Directors.
Founded in 1989, it is a regional affiliate of the 1,800 member ADR Institute of Canada, Inc., (ADRIC), (formerly the Arbitration and Mediation Institute of Canada (AMIC), and the Canadian Foundation for Dispute Resolution [CFDR])
The goals of AMIM include:
Members of Amim come from a wide variety of business and community backgrounds and experiences. They share a common interest in developing and providing improved methods of resolving conflict and disputes.
While many have taken formal training in mediation, negotiaition, or arbitration in order to become practitioners, others who belong do not intend to actively practice dispute resolution. They join AMIM to gain a general knowledge of the resolution systems for their personal or business use.
Membership in AMIM includes membership in the national ADR Institute of Canada, Inc. organization.
Members of the Arbitration and Mediation Institute of Manitoba are automatically members of the ADR Institute of Canada, Inc. and are eligible for its services and benefits, some of which include:
In 1986, the representatives of Manitoba's construction industry witnessed a mock arbitration hearing at a national convention. They decided that a dispute resolution organization should be developed in this province.
In the years that followed, they had meetings, sponsored arbitration seminars and applied for affiliation with the Arbitration and Mediation Institute of Canada, now known as the ADR Institute of Canada, Inc.. Advised that Arbitration and Mediation Institute of Canada, Inc. (now known as the ADR Institute of Canada, Inc.) was a more broadly based group, the Manitobans then approached other industries and business to recruit members.
In 1989, a preliminary Board of Directors was elected to develop an Arbitration and Mediation Institute of Manitoba. The Board includes lawyers, engineers, contractors, architects, real estate agents, government representatives and chartered accountants.
AMIM was incorporated in 1990 and became a Regional affiliate of the national organization the Arbitration and Mediation Institute of Canada Inc. (AMIC), now known as the ADR Institute of Canada, Inc. The first Chairman of the Board was Fred Pritchard, an architect with the City of Winnipeg.
From its early beginnings until the present, AMIM has had three key objectives:
From a modest membership of 15 in 1989, AMIM has grown to 95 members in 1998. It has also trained more than 100 Manitoba arbitrators and mediators during the past eight years.
4. Appropriate Resolution of Disputes
In the normal course of business affairs, and personal lives, disputes are often inevitable. Given that people have different background experiences, education, needs, desires and life styles, it is understandable that they may not view events and situations from the same perspective. Where those perceptions differ, and some degree of importance is attached to that difference, people will find themselves in disagreement, and often in conflict.
In order to successfully solve the conflict, it is necessary to find the most appropriate resolution process. In some situations - particularly where point of law are involved - taking the dispute before the courts may be the most appropriate way to achieve resolution.
However, there are a number of other dispute settlement processes that are also very appropriate. The two most popular of these are mediation and arbitration.
Should you require the services of a mediator or arbitrator, we recommend that you contact one or more of the members that are listed, in order to confirm their experience, fees, availability, and suitability to the nature of the dispute in which you are involved.
Arbitration:
While arbitration has somewhat the same structure as a court hearing, it is less formal. The parties at dispute select a neutral third person, or persons, to hear the presentations of each of the parties, and then render independant decisions on those issues upon which the parties have requested resolution.
The Manitoba Arbitration Act requires an arbitrator's decision to be binding, unless the parties agree otherwise prior to the hearings. During the hearing, the parties can present their own cases, or be represented by legal professionals. They can also have expert witnesses testify.
The two most important aspects of an arbitration are: The requirement for the arbitrator to be completely neutral; and the binding nature of the arbitrator's decision.
Mediation:
The mediation process is less formal than arbitration. The mediator does not have the power to render a binding decision. There is currently no legislation in Manitoba that governs the general practice of mediation.
The parties in dispute select one or more neutral third parties to act as mediators of the dispute. The mediator does not conduct the type of formal hearings held by the arbitrator, but instead conducts informal joint, and sometimes separate, meetings with the parties. The goal of the mediator is to facilitate regular discussions between the parties - discussions that help the parties to come to common agreement on the issues in dispute. While the final agreement reached by the parties is not binding, the parties often have the mediator put the agreed upon terms into writing, which both parties sign as evidence of their commitment.
The most important aspect of mediation is the fact that it is the parties in dispute that develop the final agreement.
6. Advantages of the Dispute Resolution process
Both arbitration and mediation offer distinct advantages for those requiring dispute resolution. The following benefits are those that have been recognized by both businesses and individuals involved in settling disputes.
In contrast to the limited time available in todays court system, mediation or arbitration can be held anywhere, any time that suits the parties and the neutral third person. As a result there are cost savings also possible through the selection of inexpensive meeting space.
Also, as a result of the more flexible arrangements, the time the neutral third party spends on the case can often be reduced, resulting in further savings.
When a professional and neutral third party is brought into the dispute, there is a greater opportunity to preserve the relationship between the parties. This is important both in business, and in personal relationships.
Judges are well versed in legal matters. It would be unreasonable to expect them to also be expert in all aspects of business and community relationships. However, parties selecting arbitrators or mediators can choose practitioners that have some degree of experience or knowledge relating to the matters at dispute. For example, parties in dispute on a navigational matter can select a person with marine experience, who is also experienced in arbitration or mediation.
It is absolutely essential that a person engages to act as a third party to assist in resolving a dispute can be completely neutral in his or her conducting of the case.
The Manitoba Arbitration Act mandates the neutrality; and provides an opportunity for overturn of the arbitrator's decision where there is evidence that the arbitrator has denied natural justice to either of the parties. Parties appointing arbitrators should ensure that those selected are fully aware of the requirements of the Act.
While no legislation governs the general practice of mediation, it is equally important that mediators conduct the meetings with absolute neutrality. One of the strongest factors in successfully conducting a mediation is the trust that the parties have in the mediator - trust based on the perception that the mediator will be fair, and neutral.
Professionally developed arbitration and mediation training programs - like those presented by the Arbitration and Mediation Institute of Manitoba (AMIM) - emphasize the need for total neutrality. AMIM supports the Code of Ethics of the ADR Institute of Canada, Inc. , which is reproduced here.
8. Recognition of Qualifications
Two national designations have been credited by the ADR Institute of Canada, Inc. in order to recognize the combined experience and formal training of senior dispute resolution practitioners. The designations are:
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Each designation has an eligibilty criteria requiring applicants to have had a specified level of formal dispute resolution training, and experience gained through having participated in a designated number of mediations or arbitrations.
Applicants must also provide a signed commitment to conduct themselves in accordance with the ADR Institute of Canada, Inc. Code of Ethics.
ADR Institute of Canada, Inc. members may apply to the Regional Accreditation Committee for the designation. Approved applicants are then forwarded to ADR Institute of Canada, Inc. 's National Committee for consideration. Details on and the application forms for Chartered Arbitrator or Chartered Mediator designations is available from the Arbitration and Mediation Institute of Manitoba office, or they can be found on this web site under Charter Designations.
