is an arbitrator an adjudicator?

no. their roles are similar and, as a result, many decison makers do both but arbitration + adjudication are different. there are some key differences...

an arbitrator offers conflict closure through a private process agreed to by the parties. this process typically offers confidentiality + flexibility. in arbitration, the parties have a role in selecting their decision maker. not so with adjudication.

an adjudicator offers conflict closure through the public justice system. their responsibility is to the public as well. this changes the decision maker's role from that of an arbitrator in certain aspects of the process. what is known as "active adjudication" embraces an inquisitorial model. this often results in the decision maker asking more questions of the parties on their own accord than an arbitrator would. adjudicator decisions are published (such as on canlii), which can be helpful to others who encounter similar conflicts going forward, at the loss of the privacy arbitration offers.



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