There are different types of ADR. For simplicity we set out here how modern arbitration works. This combines arbitration and mediation. It is non-adversarial. The parties are offered help to find a solution through mediation, and if no agreement is reached, the arbitrator looks into the issues and decides these, by dealing directly with the parties and without the need for a long-drawn out and expensive contest in court.
Your arbitrator will contact you and find out your position and what you want from the case. Your arbitrator is an experienced specialist in the area of your dispute. He will first ask if you want to find a solution through mediation or simply want a decision made on the case.
He will then get in touch with the other party and find their position.
If you want to use mediation to see if agreement can be reached, your arbitrator will mediate and help you find an agreed solution.
If you do not want mediation, or if mediation is not immediately successful, your arbitrator will establish the facts and a binding decision will be made for you on the case.
You can take up or resume mediation at any time before an award is made.
You will get either a legally binding agreement, through mediation, or a legally binding decision from your arbitrator. The arbitrator’s decision is a legally binding award under the Arbitration Act 1996 and as enforceable as a court judgment.
Your arbitrator will contact you and find out your position and what you want from the case. Your arbitrator is an experienced lawyer and a specialist in the area of your dispute.