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Background : Mediations : Arbitrations : Fairness Monitoring : Main

Arbitration & Mediation
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The Honourable ROGER P. KERANS FCIArb, CArb



Arbitration

Calling on 27 years' experience as a judge, plus the special training offered by the Chartered Institute of Arbitrators, Mr. Kerans has regularly acted as an arbitrator since 1997, having served as sole arbitrator, chair, or member of a panel for several dozen disputes. He is now a Fellow of the Institute.

In 2001, he was named to the Canadian roster of the Chamber of Commerce's International Court of Arbitration, Paris. He is now a member of the Exec. Committee of the Canadian Branch. He has been named by the ICC to conduct international commercial arbitrations.

In 2002, he attended a workshop in Paris for senior arbitrators sponsored by the ICC. He is also on the arbitration rosters of the National Arbitration Forum, Minneapolis, and the B.C. Int'l Commercial Arbitration Centre, Vancouver, and has been granted the right to call himself a Chartered Arbitrator (C.Arb) by the ADR Institute of Canada. He is also on the arbitration rosters of NADAP and Mutual Fund Dealers of Canada.

The details of arbitrations conducted by Mr. Kerans are of course all confidential, but it can be said he has arbitrated or is in the process of arbitrating many different forms of commercial disputes, including franchise agreements, agreements respecting the sale of a business or land, partnership buy-sell agreements; and disputes in the oil and gas and power generation industries, including gas price agreements, and disputes raising force majeure claims; and employment cases, construction, engineering, and leasing disputes; and also personal injury disputes and insurance disputes, including premium disputes, excess coverage disputes, and cases

where claims exceed coverage, i.e. where a defendant is under-insured. He also has arbitrated internet domain-name disputes.

To date no judicial review has been sought of any of his decisions as arbitrator, and all decisions have been sent promptly to the parties.



Mediation

Kerans has been very active in interests-based mediation. Since his retirement from the Bench, he has conducted hundreds of mediations involving total claims in excess of $1 billion. Almost 600 lawyers all over North America have appeared on his mediations or arbitrations.

Over 90% of the disputes mediated have settled. The issues mediated have ranged over the entire list of non-matrimonial legal disputes - from libel through personal injury and professional negligence to fraud, construction disputes, employment cases, insurance coverage disputes, human rights cases, commercial disputes, and oil and gas disputes.
Mr. Kerans studied mediation at Harvard Law School Program of Instruction for Lawyers. He has delivered papers on the subject of ADR at seminars organised by the BC Trial Lawyers Association, Royal Roads University, the Canadian Institute for the Administration of Justice, the National Judicial Institute, and the Calgary Chamber of Commerce.

He has attended many American Bar Association ADR subsection annual meetings. He is a member of the ADR Advisory Council of the Canadian Human Rights Commission, and a member of the BC Mediation Society and the Alberta Arbitration and Mediation Society.

He does not do family mediation.