Cost of Arbitration

Arbitration is a formal approach, and if it is put into effect following mediation efforts, there may be an opportunity to proceed by way of what we call Simplified Arbitration. 


This is an attempt to resolve the arbitration process through the following stages:


  • arbitration coordination and set up, including background documents, agreement of facts, etc. (probably ½ day of the arbitrator, but over various discussions or sessions, including allowing about 2 hours for review of the material prior to the arbitration hearing);

  • arbitration hearing (an attempt to coordinate this to perhaps one full day of the arbitrator);

  • arguments of the parties (this would involve the arbitrator receiving written submissions, perhaps oral submissions as well, and thus we are probably looking at ½ day);

  • arbitrator’s ruling (which would be the writing of the ruling which would probably be ½ day of the arbitrator).


The total anticipated time of the arbitrator, if the efficiencies as described above are possible, and most likely this would be the case, would be 2.5 days of the arbitrator.


If the arbitrator cost is $300/hour, then a full day of 6 hours would cost $1,800, plus HST of $234 (the actual total is $2,034), and the number of days is 2.5, and thus inclusive of HST the total anticipated cost is approximately $5,000.

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