Arbitration

Arbitration

Introduction- A definition

Arbitration is an internationally recognised process for settling disputes. The parties agree to explain their dispute to one or more neutral arbitrators to whom they have given authority to render a binding decision. In New Zealand the process is governed by the Arbitration Act 1996.

Christian Arbitration?
Unlike " Christian mediation" where the differences from standard commercial mediation are explained by particular reference to the parties beliefs ( see previous web page ) there is no difference in process between an Arbitration conducted by a Resolve arbitrator and an arbitration conducted by a non Resolve appointed Arbitrator. Both Arbitrators are bound by the Arbitration Act 1996. The biblical basis for arbitration is found in 1 Corinthians 6:1-8.

Differences from Mediation
The essential difference is that the parties are no longer able to make their own decision as to the outcome of the dispute. They give that power to the Arbitrator who will decide the outcome. It is like a court case but rather than give the State the authority a privately chosen person is given the Authority. The decision can be legally enforced in the Courts. The process rules are different from mediation. The decision is based on principles of law rather than perhaps conscience/mercy. There are no private sessions held with the Arbitrator. There is more scope for the involvement of lawyers. The process is more suited to a dispute where there are no relational issues. The process can be a 'next step' if a mediation is unsuccessful.

Resolve Arbitrators
The Resolve arbitrators are lawyers or others with experience in Arbitration having either appeared as lawyers in arbitrations for parties or have acted as an Arbitrator.

Fees
Resolve arbitrators are approved by the Resolve Board. Each arbitrator will set his/her own fee. Where the inquiry has come to resolve and a Resolve approved arbitrator is selected the arbitrator will pay 12% of the fee paid by the parties to resolve. Fees charged by a Resolve employee will all go to Resolve.

The process is private. It is not open to the public like a court room. Appeal grounds are very limited. The process can be dealt with as quickly as the parties determine. Decisions are enforceable. The procedure is clear. Parties choose their Arbitrator.