Please make a selection:
Arbitration
Arbitration is a specific process whereby an Arbitrator (usually one) is appointed to help to resolve a dispute between parties.
The manner in which Arbitration operates in Ireland is governed by the Arbitration Act 2010.
Normally, arbitration takes place whereby a dispute arises between parties to a business Contract/Agreement. This Contract/Agreement will usually have a clause saying that, if a dispute arises between the parties, it must be referred to Arbitration (rather than being resolved through the courts). Even if such a clause is not in the contract, a court can, in certain circumstances, refer a matter to be decided by Arbitration. Also, parties to a dispute might decide to use the arbitration process to resolve the dispute (i.e. even if they don’t have a clause in their agreement providing for arbitration).
The following are some aspects of Arbitration: –
• Arbitration can be less expensive than the courts and less formal
• Arbitration can be completed quicker; and the decision of the Arbitrator is usually final (unlike a Court). This brings an element of finality.
• Arbitration is often a good idea where the dispute relates to a technical area (for example, a specific and complicated area of engineering); here, the arbitrator (who could also be an engineer) can be ideally placed to help to resolve the dispute (and certainly is likely to have a better understanding of it).
• Normally, each party pays 50% of the costs of the arbitrator.
• The choice of arbitrator is normally provided for in the agreement/contract between the parties.
• The Arbitrator is obliged to treat each party fairly and each party should be allowed to give their side of the dispute.
Mediation
Like Arbitration, Mediation is a method of dispute resolution. Where a dispute arises between parties, they often voluntarily decide to refer the matter to Mediation.
• Mediation is a very flexible process and allows the mediator to encourage settlement of the dispute; often by pointing out to both parties the sense in compromising (rather than fighting all the way to the bitter end, often for a Pyrrhic victory).
• Mediation is a method of dispute resolution favoured by the Irish Courts.
• In Family Law, solicitors for parties involved in separation or judicial separation proceedings must suggest mediation to their clients as a method to resolve the dispute. The Solicitors must also provide the names and details of mediators available to act. Mediation is often the preferred option Family law. Mediation tends to be less adversarial and an effective mediator can help both parties to see reason.
• Either party can pull out of the process, until final resolution is reached
• Mediation is often provides a way of resolving disputes that is less expensive, quicker and less formal.
• Mediation is normally a confidential process.
• Mediation is very suitable for business disputes.
• Mediation is often provides a way of resolving disputes that is less expensive, quicker and less formal.
• Mediation is normally a confidential process.
• Mediation is very suitable for business disputes.
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