Site Loader
Rock Street, San Francisco

Arbitration In arbitration, the parties agree to appoint an independent third party, the arbitrator, to decide the dispute between them. Decisions of arbitrators (awards) can be registered at the Supreme Court and enforced like a court judgment. The grounds on which awards can be challenged are limited by law. The parties control the procedure followed by an arbitrator. An arbitrator is usually not bound by the technical rules of evidence and can dispense with a formal hearing in appropriate cases. The arbitrator simply has to act fairly and give each of the parties an opportunity to put their case. Ordinarily, the procedure is less formal than litigation, which means it can be quicker and cheaper. Arbitrations are private and confidential.Expert DeterminationExpert determinations are like arbitrations in that the parties appoint a third party to determine the dispute. Unlike mediations and conciliations, the primary role of an expert is not to get the parties to reach an agreement. Expert determinations are different from arbitrations in that an expert determiner is entitled to use his or her knowledge in making the determination. Expert determinations have traditionally been used to resolve single issue disputes, such as the amount of notice to which an employee is entitled on termination, or the value of land. However, expert determinations are becoming increasing popular even with complex issues because the Commercial Arbitration Act 1985 does not apply expert determinations.MediationMediation often works best early in a dispute, before positions have hardened and before money has been spent on legal proceedings. It is particularly suitable where the parties have an ongoing relationship which they wish to preserve. Because mediation does not focus on rights, mediated resolutions can be more flexible than court judgements. Because the procedure does not involve evidence, the process is quick, informal and inexpensive. Mediations are confidential to the parties. If the parties reach a resolution at mediation, the settlement is put into a legally enforceable agreement.ConciliationLike a mediator, a conciliator does not have decision making power. A conciliator will assist the parties to reach an agreement, often through the procedures and techniques used in mediation. However, a conciliator may also:? Give an opinion about the strengths and weaknesses of the parties’ position, including a formal written opinion? Suggest terms for a resolution between the parties? Review a decision made by one of the parties.The views expressed by conciliators are not binding on the parties. A conciliator’s opinion may, however, encourage the parties to resolve their dispute.AdjudicationAdjudications are intended to be informal and based on documentation provided by the parties, rather than an oral hearing. Determinations by an adjudicator must be made within 28 days after an application is first made. There are no “appeals” from determinations of adjudicators. Determinations by adjudicators may be enforced as a court judgment (with permission from the Court). However, a determination by an adjudicator does not prevent the parties re-arguing the issues in arbitration or litigation proceedings.

Post Author: admin


I'm Dora!

Would you like to get a custom essay? How about receiving a customized one?

Check it out