ARBITRATION is an adjudication process presided over by an independent and impartial arbitrator whose role is very similar to that of a judge in a court. Unlike the public courts, however, arbitrations are generally not open to the public, unless the parties and the arbitrator decide otherwise. Under UFA/FA section 26.7.3, arbitrators are specifically granted procedural authority similar to that of a judge and may refer any question of law to a judge of the Supreme Court of Yukon. Section 26.7.5 provides that a decision or order of an arbitrator shall be final and binding on the parties to the arbitration, subject to limited exceptions under section 26.8.1.
Arbitration processes offer greater flexibility than those of the public courts, allowing disputing parties to specifically tailor the arbitration processes to meet their needs. The parties can agree, in consultation with the arbitrator, to modify the Rules to address specific interests and objectives of the parties, provided these would not conflict with the UFA/FA mandatory directions.