Diane E
Tucker

About arbitration

What is arbitration? 

When you have a dispute with someone and you want someone else to decide who is right but want to avoid going to court, you hire an arbitrator to hear the evidence and make a decision. It’s like Judge Judy, or People’s Court, if you’ve seen those shows.  In those cases there is a value limit (often $5000), but arbitration cases do not have an upper limit on value.

What does an arbitrator do?

The arbitrator is a private judge you hire to hear and decide your dispute.

Is arbitration binding?

Generally, people want to be bound by arbitration decisions, but non-binding arbitration is also available if that’s what you and your opposing party want. Parties who do not originally agree to binding arbitration can adopt the arbitrator’s non-binding decision if they are happy with it, making the decision binding.

If I were involved a dispute, why would I choose arbitration over court, including small claims court?

Three reasons, at least:

• Arbitration can likely resolve your matter more quickly than any court, even small claims. Court level is usually determined by the value of the case.  The queue at each court at each level at each locale is different, and each court’s queue is different at different times.

If you choose going to court, your dispute moves forward on their schedule.  In arbitration, the dispute moves forward on a schedule set by you, other parties and the arbitrator.

• In arbitration you choose your arbitrator. In court you are assigned a judge; it is extremely difficult to get your case assigned to a different judge.
• Arbitration is confidential. Proceedings are not open to the public.  The arbitrator’s decision will never appear in public. There are no files available in a court clerk’s office for public review.

When is the person that loses supposed to pay?

The arbitrator would determine when any payment would be due, based on rules of the forum in which your dispute is being heard and evidence that has been submitted.

What if the person who loses doesn’t pay when they are supposed to?

Arbitrators and their forums have no enforcement power.  In such a situation, the winner would need to pursue the loser in an appropriate-level court; only the courts have power to enforce their orders against a person and their assets.

About Diane Tucker

How long have you been an arbitrator? 

Since 1984.  I started in San Francisco when I lived there and then undertook the education necessary to gain accreditation here in Canada after I arrived in 2006.

What’s a “Chartered Arbitrator”?

“Chartered Arbitrator” is a credential offered by ADRIC, the Alternative Dispute Resolution Institute of Canada.  “Chartered Arbitrator” is the highest-level credential offered to arbitrators by ADRIC and was awarded based on the number of cases I have heard over my career.

How many cases have you decided over your time as an arbitrator? 

Probably over 400.

Have any of your decisions been overturned on appeal?

Arbitration generally does not allow “appeal”, but arbitration decisions can be subject to a “judicial review”, where a party asks a court to determine if a decision was legally correct.  None of my decisions have been overturned on judicial review.

What kinds of cases do you arbitrate? 

I hear cases that arise from contracts, which makes me a “commercial arbitrator” (as opposed to a labour or a construction arbitrator).  Contracts can be oral or written. Written contracts are easier to work with but oral contracts are also enforceable. Contracts can be for goods or services.  I have heard cases about the value of clothes damaged by a dry cleaner, of a Tesla on a particular date, of the legal services a client received.

What has been the value of the cases that you’ve heard?

Over the course of my career, the values of the goods and services that were the subject of my cases would range, framed by today’s costs of goods and services, up to about half a million dollars.

How much do you charge?

My website provides more information on charges.  Note that I use an administrative support to provide filing and hearing assistance.  Such cost is additional to my fees.

Do you handle only cases that arise in the Lower Mainland of BC?

If you want an in-person hearing, I am available only for Greater Vancouver cases. If you want an online hearing – these constitute the bulk of cases I hear – you can be anywhere in Canada except Quebec.

Do you have any areas of expertise?

In addition to general business contracts, I have expertise in intellectual property licensing, privacy, confidentiality, marketing, videogames and social media.

Can you act as my advocate?

No, sorry.  Here in Canada, I work only as an arbitrator.  I have been licensed to practice law in California since 1978 but no longer actively practice in that or any other US state.