What is Arbitration?
Arbitration is a process in which the disputing parties arrange for a neutral third party to decide the dispute for them. It is conducted under the provisions of the Arbitration Act 1996 and amendments. The arbitration process can range from informal to formal, and the parties have some choice about the process. In essence however it is still a legal process; the parties present their cases and the arbitrator retires to make a decision – on, and only on, the issues that the parties have asked the arbitrator to address. The decision is legally binding, and there are few rights of appeal against it. Unless the parties have agreed otherwise the decision of the arbitrator has to be based on the facts – as established by the evidence presented by the parties – and the law. There is no discretion for the arbitrator to do otherwise.
Arbitration is a confidential process. Disputes are brought before a neutral third party (the arbitrator) who, after carefully reviewing all of the relevant information, issues a final decision. Consumers, businesses and government departments have successfully used arbitration programmes to resolve disputes. Arbitration offers parties a decisive legal outcome to their dispute.
Disputes that are not suitable for Arbitration
Matters that cannot be arbitrated are divorce, criminal matters, crime, issues of status (eg. determining a person’s sanity) or the liquidation of a company.
Progressive Solutionz.biz can only arbitrate a matter when parties have agreed to refer their matter to arbitration. The parties can sign an Agreement to Arbitrate binding themselves to the arbitration. Matters outside of the issues agreed to cannot be included without the permission of both parties.