When to pursue Arbitration
ARBITRATION IS APPROPRIATE
- If you have business to get on with and want a faster decision.
- Before you have mountains of paper work clouding the real issues to be decided.
- Before litigation is issued and most facts can be agreed.
- Because you would rather take the risk of an arbitrator deciding than expecting the other person to ever agree to anything.
- When the other side is unreasonable or irrational.
- After mediation but when still facing decisions on the last few things.
- If the lawyers are not recommending or supportive of mediation for whatever reason.
- If you wish to avoid media attention and publicity.
- If you feel uncomfortable, embarrassed or humiliated by public court proceedings.
- While waiting for your hearing, your judge, your lawyer, your day in court. Maybe you won’t need it?
- After court proceedings have been issued. Arbitration can run in parallel to determine interlocutory issues including discovery and the relevance or other ways of evidence to keep the court proceeding on track and progressing without further delays.
Alison Shaw of SHAW Mediation successfully mediated a contract and building works dispute for one of our clients. I found the mediation to be useful in requiring the disputing parties to be in one place at one time, allowing each side to express their position (and even vent their frustrations) whilst being kept in line by an experienced mediator. It was by no means certain to me beforehand that the matter would resolve at the mediation, but Alison’s guidance and systematic approach facilitated a commercial settlement. I am confident the parties would not have reached a better outcome if they had gone to court. I rate highly the mediation process used by Alison Shaw in this matter, and would recommend her to other clients considering mediation in the future.Matthew Hawke