ARBITRATION

John Fisher is a graded arbitrator with the Institute of Arbitrators and Mediators Australia now owned by Resolution Institute.

Arbitration is a formal dispute resolution process governed by the Commercial Arbitration Act 2012 WA (or the equivalent in other states) in which two or more parties refer their dispute to an independent third person, the arbitrator, for decision. The arbitrator acts, in effect, as a private judge with defined powers but without many of the procedural requirements of litigation in a public court.

Procedures may be varied by the parties to suit the size and complexity of their dispute. A small case may be heard on the basis of documents alone, which can reduce costs significantly. More complex cases may benefit from a more judicial style of hearing in which formal claims and responses are lodged, evidence is put forward by each party in an oral hearing and tested by cross-examination. The arbitrator produces an enforceable award.

Under the direction of a quality arbitrator, it is an expedient, private and efficient method of achieving a binding decision.

However it does produce a "winner" and "loser", so there can be no absolute guarantee of a successful outcome for the claimant or respondent. By their nature arbitrations are more costly to process than negotiated methods but do give final outcomes that may suit when the parties have no intention of working together again.

Most disputes heading to arbitration sensibly settle along the way. John Fisher is a qualified arbitrator available to undertake arbitrations. Alternatively the JP Fisher Consulting team can help a party with clarifying what might be extensive evidence. We always work alongside our client’s lawyer in preparing for arbitrations. We also always look for early settlement.

Call us to see how we can help.