Arbitration is an excellent private dispute resolution option for individuals and businesses in dispute. The parties agree to appoint an independent person – the Arbitrator (who should be an expert in the subject matter of the dispute) to make a binding decision on the issues in dispute. The Arbitrator gathers information, using documents and/or in person, to make legally binding decisions on any issues referred to them.
When the Arbitrator is a genuine expert, or is at least reasonably technically knowledgeable about the issues in dispute, there is little need to spend time educating them about which way is up – a major issue in litigation where neither the lawyers nor the judge usually have much, or any practical knowledge, about the issues in dispute. When facts are presented as evidence, or as opinion, the knowledgeable expert is in a very strong position to make sense, or otherwise, of what is presented. Legal pantomimes and confusing processes are eliminated, allowing a tight and efficient focus on the real issues in dispute.
A qualified Arbitrator will also have an adequate working knowledge of whatever area of the law applies to the issues in dispute, so they can apply their understanding of how the law works to the case before them. Again, coming from an informed practical position, rather than from a legalistic base, their understanding of how things work in real life under the relevant circumstances, will likely be in tune with that of the parties to the dispute.
At the end of an arbitration process it is usual for the parties, whatever the outcome, to have a reasonable understanding of what has taken place, and why they have won, lost or drawn. By way of contrast, at the end of a litigation process it is common for parties to confess that by the time their process was fully underway they felt they had lost almost all understanding of, and connection with, their own dispute!
Arbitration has legislative backing in Australia through the uniform Arbitration Acts 2010/2011 (depending on which state applies). The Acts have been completely standardised across Australia in recent years, and they articulate comprehensively with the International Arbitration Act 1974, and the Uncitral Arbitration Rules. All of these confirm the validity and authority of the arbitration process, and of Arbitrators themselves.
Commencing an Arbitration process: quickly achieved by phone or written application to The Solutionist Group.