Arbitration: Parties to a dispute agree to appoint an independent person (ideally an expert in the subject matter of the dispute) to gather information (using documents and/or in person), to make legally binding decisions about any issues in dispute.
Ideally, Arbitration Services are specified in a contract, as part of an agreed dispute resolution process. They can usually be initiated after good faith negotiations, and a formal facilitation or mediation, have been attempted. If a relevant dispute arises, any party can initiate the process if they have the power to do so under the contract.
Arbitration Services can also be initiated by any party to a contract, or to almost any other type of dispute, after problems have arisen. In this case, because the authority for and the jurisdiction of the arbitrator come from an agreement between the parties, everybody involved in the dispute needs to agree to initiate, and to be bound by, the process.
Arbitration Services enable any parties to any contract, dispute, or legal relationship (including personal relationships) to engage an independent, neutral expert to make a decision for them on any issue in dispute. Arbitrators also have authority to issue directions and orders that oblige parties to carry out their contractual or other obligations, pending the making of a final decision.
In general, arbitrators can rely upon the court’s own mechanisms will to enforce their orders and decisions, almost as though they were orders or determinations of the court itself.
The basic idea behind Arbitration and Arbitration Services is that “consenting adults” should be able to choose their own mechanism for resolving situations they’ve got themselves into, by picking both a person and a process to suit as their needs, interests and circumstances.
Arbitration Services should therefore be businesslike, comprehensible, quick and cost-effective – an entirely sensible service for sensible people who are prepared to take a sensible approach towards resolving their real dispute. It is not a process that works well for parties who “lawyer up” to fight strategic battles, or for those seeking irrational revenge.
Commencing an Arbitration process: quickly achieved by phone or written application to The Solutionist Group.