Arbitration & Mediation
We offer an arbitration and mediation service to resolve business related disputes.
Arbitration and mediation is the use of an independent person where a problem has emerged that employers and employees or businesses and suppliers are unable to solve without assistance. Our arbitrators and mediators are skilled at facilitating discussions between the parties helping them to identify issues and potential solutions.
The aim of our arbitration and mediation service is for the parties to resolve the matter by agreement. Arbitration is like a trial but less formal. Two sides present their evidence to an arbitrator and the arbitrator decides who wins and who loses. An arbitrator does the job that a judge or jury does in court.
Arbitration helps to:
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find a fast way to get a decision when you are in a dispute
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be more flexible and less formal than court
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scheduled faster than a trial
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sometimes, if the parties want, decide things that judges are not allowed to decide.
Mediation helps to:
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obtain information on problem solving
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identify the skills needed to deal with the problem
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be the trigger for both parties to recognise a problem exists.
Arbitration & Mediation
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Both arbitration and mediation are alternative dispute resolution (ADR) mechanisms.
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Both are less formal than a court of law, also less expensive, speedier and less tiring.
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While it is an arbitrator who performs the role of a judge in case of arbitration, mediator is more of a facilitator and does not pronounce any decision.
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Arbitrator is a neutral person. S/he listens to evidences and witnesses presented by both the parties and gives a verdict that is legally binding on both the parties involved in a dispute.
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In mediation, there is no decision making by the mediator and s/he merely helps and assists the parties to engage in negotiations and to come up with settlement on their own.
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While, an arbitrator is a legal authority, this is not necessarily true about a mediator, who can be a specialist in any other field also.
Our Arbitrators and Mediators are Not Advocates for Either Party
They are independent people committed to the process of problem resolution that:
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help parties find the best way to resolve their problems
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encourage parties to identify the real issues
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help the parties explain those issues to each other
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identify points of agreement between the parties
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help find a way through their problem that may not seem immediately apparent
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find answers that reflect good faith and common sense
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seek a resolution that allows both parties to move on.