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CHAPTER 30 REPRESENTATION

Arbitration Practice and Procedure

Page 1371 30 REPRESENTATION 30.1.1 Right of party appearing in person to have assistance of a MacKenzie friend THE FACTS In a small dispute the respondent appeared in person claiming that he could not afford to engage legal assistance. Accordingly, he requested the arbitrator to permit him to use the services of a “friend” who had offered to assist him. The claimant objected to the presence of a “stranger” to the proceedings, asserting that arbitration was a private consensual method of determining a dispute and third parties were not permitted to be present unless they were advocates or were being called as witnesses.

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