If mediation has not been successful then refer the dispute to either arbitration or litigation depending on what is agreed in the contract. It involves an independent expert, Arbitrator (CIArb) examining material facts and documents from the parties. The decision of the Arbitrator is usually legally binding, and you will not be able to go to court afterwards if you don’t like the decision. Arbitration services often charge a fee.
Benefits of Arbitration
- Like mediation, arbitration is a confidential process.
- Parties can agree on an Arbitrator who has relevant experience in the matter.
- Compared to court proceedings, it is a relatively quick process.
- It is highly flexible compared to court proceedings.
Disadvantages of Arbitration
- It is the parties’ responsibility to bear the costs of both the Arbitrator and the venue where the arbitration is to take place.
- There are limited powers of compulsion or sanction available to the arbitrator if one party fails to comply with the directions set by the arbitrator.
- There are limited appeal rights available during arbitration.
- Costs can be similar to litigation at court.
Altion Law are specialists at advising and representing parties in a Contractual Dispute relating to a Construction Project. If you would like to have a confidential discussion with a member of our team, please complete our Contact Us Form, and we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.