Arbitration is becoming increasingly common as a means of resolving disputes.
It can play a highly successful role in all forms of commercial agreements and employment- related disputes (including service contracts, bonus arrangements and other reward schemes) for which resolution by arbitration is agreed and where a third party has to make a firm decision on disputes after considering the issues. The parties then agree to abide by an arbitrator’s decision, which will be legally binding.
The main advantages of arbitration are confidentiality and the avoidance of negative publicity regarding the dispute. If required they may be conducted on-line.
I have been a fellow of the Chartered Institute of Arbitrators since 1989 and my wide experience of dealing with civil and commercial disputes and conflicts in employment means that parties can have confidence in my independence and ability to understand and resolve such issues fairly and expeditiously.
Key Points on deciding to Arbitrate
- Check your documentation is watertight and that arbitration is appropriate for the resolution of the dispute.
- Avoid any unnecessary delays.
- Agree with the other party on the appointment of a suitably independent and experienced arbitrator or implement the appointment process provided for in the agreement to arbitrate.
- Collate all relevant material as soon as practicable.
- Provide suitable accommodation and facilities for the arbitrators.
- Consider how proceedings are to be recorded and evidence is to be retained.