About Mediation & Arbitration
The Service offers both mediation and arbitration services.
What is Mediation?
Mediation is a process whereby the mediator seeks to assist the parties to come to an agreement to resolve a dispute. A mediator does not make any decision and the outcome of a mediation is a consequence of the parties' own agreement or lack of agreement. The mediator is a facilitator. Experience has shown that very many disputes, even disputes that might otherwise appear incapable of resolution, have resolved at mediation. Mediators available to the Service have qualified as such or whose circumstances are otherwise recognised by law as being sufficient to qualify them to act as mediators.
The mediation process is informal and, subject to few exceptions, entirely confidential. All persons present at mediation must sign a Confidentiality Agreement.
The Registrar will, if requested by the parties, arrange for an appropriate mediator amongst those who have agreed to provide their services to this organisation. The Registrar will also facilitate all the necessary steps including organising accommodation for the purpose of the mediation. In appropriate cases the Registrar will arrange for a rabbi to assist the mediator.
At mediation the parties may be represented by solicitors and counsel whose role is to assist their clients in the mediation process and provide appropriate advice to them. It is not the mediators’ role to provide legal advice.
If mediation is successful in completely resolving a dispute the parties enter into a binding agreement reflecting that outcome. That agreement will also deal with the consequences upon any litigation that has already been commenced.
What is Arbitration?
Arbitration is a process whereby a dispute between the parties is determined by the arbitrator(s). That determination is binding upon the parties and is legally enforceable. A money award of arbitrators may be registered as a Court judgment. There are certain circumstances in which the Supreme Court can intervene to overrule the decision of arbitrators. The involvement of lawyers in the process provided by this Service is designed to minimise the prospect of such an eventuality.
The arbitration is undertaken with a greater degree of informality than a Court process and is undertaken privately.
Parties may be represented by solicitors and counsel.
It is essential that arbitrations are undertaken in a way which is efficient and for that purpose the Registrar of this Service will give appropriate directions to ensure that before a matter proceeds to a hearing all necessary steps have been taken so that the matter will proceed in an orderly fashion.
The Service has available an extensive list of lawyers (both solicitors and barristers) and rabbis to draw upon.
The Registrar is empowered under the Arbitration Agreement that the parties will sign to give the necessary directions for the purpose of seeking to achieve the smooth running of the process.
Subject to the provisions of the Arbitration Agreement and the provisions of the Commercial Arbitration Act of each State or the Commonwealth shall apply as is appropriate.
The Registrar will also facilitate all the necessary steps including organising accommodation for the purpose of the arbitration.
Mediation per day will cost between $1500 - $2000.
Arbitration can vary widely in resource need. Please contact our Registrar to obtain an estimate of costs.
Go to Steps To Take