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ADR, Civil Litigation

Huberman receives Chartered Arbitrator designation

Toronto litigator, mediator and arbitrator Marvin J. Huberman has received the designation of Chartered Arbitrator (C. Arb) by the ADR Institute of Canada, indicating his degree of skill and experience as a professional in the field.

Huberman, who is also a certified specialist in civil litigation, sat down with AdvocateDaily.com to discuss his holistic approach to dispute resolution and why he is drawn to arbitration.

"I think that the issues are fascinating and the people are fascinating,” he says of his passion for the adjudication process. “It's all about problem solving, getting to the bottom of things and trying to find out where the truth is.”

Huberman, who is a senior business lawyer and litigator in addition to being an ADR Chambers panel member, started his career in his hometown of Vancouver. After receiving his LLB from the University of British Columbia, he articled with the Federal Department of Justice.

“The DOJ was where I really became smitten with court and became motivated to become a litigator,” he recalls.

Upon being called to the bar in 1983, he then joined his father’s firm in Vancouver, where he worked as an associate in the litigation group for about five years.

“It was a relatively small bar in Vancouver at the time — at least compared to Toronto. I got to practise a tremendous amount of litigation. In fact, two weeks after being called to the bar, I got my first trial,” he says.

Huberman moved to Toronto in 1988, and now has about 32 years of litigation experience under his belt. As someone who prides himself on continuous learning, he received a mediation certificate from Harvard Law School in 1994, an arbitration certificate from the University of Toronto in 1996, and his LLM in ADR from Osgoode Hall Law School in 1997.

He says the culmination of his education and experience morphed into his approach to dispute resolution.

“ADR is not only Alternative Dispute Resolution, an alternative to trial, but I prefer to think of it as Appropriate Dispute Resolution. It’s basically a toolbox where you use the right tool for each case,” Huberman says.

“Acting as an arbitrator is different from being an advocate.  An arbitrator must come up with the right answer and look for where the truth is and admitting, assessing, and weighing the evidence,” he says of ADR. “Arbitrating is entirely different than acting as litigation counsel. I'm really keen on the justice system and I truly believe in it and I think I can add value to the system by promoting and improving the administration of justice. If I can do justice between the parties and write a precedent-setting decision at the same time — this is a great feeling.”

One of Huberman’s arbitration decisions — Taylor and Pembridge Insurance Company of Canada — was named one of the top accident benefits decisions of 2014, and the Medico Legal Society of Toronto referred to it as a must-read for anyone who is involved in a catastrophic impairment case.

Huberman also stresses the importance of giving back to the legal community — whether it be his work as an author, an adjunct law professor at Osgoode Hall Law School, a member of the Ontario Civil Rules Committee, or serving as a founding member of the Chief Justice of Ontario’s Committee on Professionalism in the Legal Profession.

"I get a lot of satisfaction from being a litigator, mediator and chartered arbitrator. I like to give of myself and I think part of the issue of enhancing the administration of justice is playing a pivotal role in matters of great importance to clients, the courts and those who are interested in cost-effective and expeditious dispute resolution.”

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