a. Any party to a dispute may apply to the Centre to have the dispute resolved by the Centre in accordance with these terms and the Centre's rules (the rules). The rules are available on request and form part of the terms.
b. The Centre will ask the other party(ies) to the dispute to agree to the terms. When a party applies or agrees to the terms they will be registered as a "user".
c. Every user accepts that once all parties are users the Centre alone has the jurisdiction and authority to deal with the dispute and any related issue. Users will not take any action in respect of these in any other court or forum.
d. The Centre will resolve the dispute fairly and efficiently in accordance with the rules and within any timetable and budget given.
To resolve the dispute the Centre will appoint an assessor:
a. Assessors are lawyers or other professionals selected as having the relevant expertise and/or experience.
b. Assessors may resolve the dispute by conciliation or mediation either themselves or by involving an independent mediator and/or may investigate and determine the dispute by the making of an award on the matters in dispute.
c. Assessors will carry out any investigation on an inquisitorial basis and will establish the position through their own enquiries. The parties will only need to be present when the assessor requires them to attend and assessors may see the parties together or alone.
d. The mediation and investigation process are designed to work most effectively without lawyers and the parties will not be legally represented.
a. Users are to comply with the rules and do all they can to assist and cooperate with the Centre and its assessors openly and honestly in order to achieve a fair and satisfactory outcome.
b. Users are to disclose to the Centre and its assessors all relevant evidence and information within their knowledge or possession.
c. To enable the assessor to obtain all relevant information each user authorises the assessor as the user’s agent to require the release of any information or documentation held by any person about or on behalf of the user.
d. Where a user does not comply with any assessor’s requirements, the Centre or its assessor may take any action they consider appropriate, including making any finding or award against the user.
a. Assessors will have the rights and powers of an arbitrator or arbitral tribunal (or of parties to arbitration) under the Arbitration Act. They will also be able, so far as the law permits, to give or make any remedy, direction, order, or award that might be made by an English or Welsh court.
b. Assessors will have the power to make any award, direction, order, or recommendation, or provide for any remedy they consider appropriate, on an interim, partial or final basis. They will have the power to enter into or vary any arrangement, take any action, or provide for any solution, of any nature, to help achieve a just and equitable solution to the dispute.
c. So far as the law and the situation allow the Centre may exercise the powers enjoyed by assessors under the rules and the Arbitration Act to assist resolution of the dispute and to enforce any award.
d. The decision or award of any assessor on any matter will be final and binding on the parties and there will be no appeal.
e. Users are to comply promptly and fully with any agreement, award or determination made.
a. The Centre’s fees are made up of i) an application fee; ii) the Centre’s investigation and mediation fees (charged on a time basis); and iii) incidental expenses such as experts fees, travel, witnesses’ and additional administration costs.
b. The application fee will be paid by the applicant (unless otherwise agreed) in accordance with the Centre’s current tariff. The amount of the fee depends on the nature and value of the matter in dispute.
c. The Centre’s other fees will be shared between the parties. An estimate of the anticipated fees will be given for the first and any subsequent month. These will be paid to the Centre in advance. After the end of the month the actual fees incurred will be calculated and any balance invoiced and paid (or repaid).
d. The Centre’s fees will initially be shared and paid by the parties equally. Unless the parties have agreed otherwise the Centre may apply means weighting arrangements to ensure that all users are able to afford and access the process. This may result in an adjustment to the parties’ relative contributions.
e. On conclusion of the matter (or before) the assessor may make a final award re-apportioning the parties’ respective liabilities for the Centre’s fees and requiring one party to pay or repay to the other party(ies) a proportion of the costs already paid by them. This may be done if the assessor considers this fair after taking into account all relevant factors, including the parties’ means and their approach to the issues and the handling of the dispute.
f. Where a party is provided with additional practical counselling or other support or services the Centre may charge them with the cost of providing these.
g. Invoices are to be paid within seven days. Interest will be charged on unpaid fees at the Centre’s interest rate (see the rules). The assessor may make an award on any of the issues, or determine the dispute, against a user who fails to pay the Centre’s fees. The Centre and the assessor may alternatively discontinue the matter.
Users will comply fully and promptly with any award.
a. Users agree that the Centre may take responsibility for securing compliance with any award. Under the rules each user authorises the Centre to take any action the Centre considers appropriate for the purpose of securing compliance and consents and agrees to submit to any such action taken.
b. Where the Centre takes action to secure compliance with an award it may charge a fee consisting of either i) the higher of 5% of the amount of the award or of the costs to date, or ii) the actual costs of securing compliance.
c. Users who do not comply with awards will pay the other party interest on the amount or value of the award at 1% per calendar month until the award is complied with.
The Centre will handle all personal data fairly and lawfully and in accordance with the Data Protection Act 1998. The purposes for which personal information is used are set out in the Centre's data protection and privacy policies located on this website. The Centre will on occasion and necessarily handle sensitive data (as explained in our data protection policy) and users consent to the Centre doing so.
a. For all purposes, including those of the Arbitration Act, i) the process used and any determination made are to be treated as an arbitration; ii) these terms are to be treated as an arbitration agreement; and iii) assessors are to be treated as an arbitral tribunal.
b. The arbitration is to be carried out in accordance with the terms and the rules. The rules set out the user’s rights and obligations in fuller detail and where there is any discrepancy between the rules and the terms the rules are to prevail.
c. The Centre will take reasonable care of all materials supplied by users but users are advised to keep copies and the Centre will not be responsible for loss of or damage to any material or information and will be free to destroy all uncollected material still in its possession three months after any award or agreement is made disposing of the dispute.
d. The Centre’s services are provided under the Arbitration Act. While the Centre, its employees, assessors, agents and consultants will act in good faith, and openly and fairly, they will not be liable for the way a dispute is dealt with, or its outcome, and shall be immune from all action unless shown not to have acted in good faith.
e. VAT is charged on all fees.
f. “Arbitration Act” means the Arbitration Act 1996 as amended from time to time; “the terms” means these terms and conditions; “the rules” means the Centre’s dispute resolution rules; and “the Centre” means Centre for Justice.
g. Any user, to whom the Consumer Protection (Distance Selling) Regulations 2000 applies, agrees to the Centre beginning work on the resolution of the dispute as soon as it can, and any right of cancellation under these Regulations will not apply once work has begun.