Arbitration is a quasi-judicial proceeding, wherein the parties in dispute appoint an arbitrator by agreement to adjudicate the said dispute and to that extent differs from court proceedings. The power and functions of arbitral tribunal are statutorily regulated.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
The parties or their advisers should contact the arbitrator to arrange the arbitration. You should address all correspondence and enquiries to the arbitration consultant, through the arbitration team, and not to the president.
Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.
The Five Steps to Conflict Resolution Step 1: Identify the source of the conflict. The more information about the cause of the conflict, the more easily it can be resolved. Step 2: Look beyond the incident. Step 3: Request solutions. Step 4: Identify solutions both disputants can support. Step 5: Agreement.