Rain Forest Alternative Dispute Resolution Services
Arbitration provides parties with the opportunity to have disputes resolved by a neutral and independent third party.
Q. What is arbitration?
A. Arbitration is a process where parties that have been unable to resolve a dispute themselves can have the dispute resolved by a neutral and independent third party, or arbitrator.
Q. How does the process work?
A. An arbitration is similar to a court hearing but is much less formal. The arbitrator will hear the evidence and arguments of both parties before assessing the both arguments and making a decision on the behalf of the parties. The evidence can be presented in a hearing with the parties in attendance, or in a ‘documents only format ,’ where the parties will not be required to attend. Both parties will have the opportunity to present their evidence and to question or exam the other party’s evidence. After hearing the evidence the arbitrator will deliver a decision in writing determining the outcome of the dispute.
Q. What is the role of the arbitrator?
A. The arbitrators role is to make a decision that will resolve the dispute on behalf of the parties. In doing so they will hear the evidence of both parties and relate it to the law or agreement that is in place between them. They are responsible for ensuring that the process is procedurally fair and that neither party is unfairly or unreasonable disadvantaged.
Q. What if I don’t like the outcome, do I have to accept it?
A. The outcome of an arbitration is legally binding on the parties and in submitting a dispute to arbitration the parties must agree to be bound by the decision.
Q. What are the main advantages of mediation?
A. The main advantage of arbitration is that it can efficient and expeditious in resolving disputes. In submitting the dispute an independent third party with decision making authority the dispute can be resolved quickly enabling the parties to continue with the business or other relationship.