Steps to take
The following steps outline the general procedure of using our services:
- Firstly you should enquire of the other party or parties (through your solicitor if one has been instructed) as to whether they would be prepared to engage this service to:
- mediate the dispute
- arbitrate the dispute, should mediation fail or otherwise not be appropriate.
- Complete the online enquiry form to submit your details to the Registrar.
- The Registrar will then contact each of the parties by telephone for the purpose of ascertaining whether the matter is suitable for mediation and any steps needed to be taken for mediation or, if appropriate, arbitration.
- The Registrar will, if appropriate, require the parties or their legal representatives to attend upon the Registrar for the purpose of determining more fully the matters referred to in points 2 and 3.
- If the matter is to proceed further the Registrar will ask that a registration fee of $350 be paid to the service. If the matter is judged by the Registrar to be suitable for mediation and the parties so agree they will then be required to sign the Form of Mediation Agreement which will be sent upon request made to the Registrar and then submit that document to the Registrar.
- In cases of matters going to mediation the Registrar will then tentatively arrange the appointment of a mediator or mediators and suitable accommodation.
- The parties will then be asked to provide the fees of the Service, including the mediator’s fees and accommodation costs.
- Upon receipt of a signed mediation agreement and all fees and expenses, the Registrar will confirm the mediation at a time, date and place suitable to the mediator and the parties.
- The Registrar will advise the parties of the requirements of the mediator(s) as to any documents and materials the mediator will require before the commencement of the mediation.
- If the matter is to proceed to arbitration, the Registrar will nominate the arbitrator(s).
- The Registrar will convene a directions hearing at which the parties (or if legally represented, their legal representatives) will be required to attend.
- The parties will be required, before such directions hearing, to have completed the Arbitration Agreement which will be sent upon request to the Registrar, and submit that document to the Registrar.
- The Registrar will give the parties directions as to the future conduct of the arbitration.
- The Registrar will advise the parties of the costs and charges of the service to that point and anticipated future costs.
- The parties shall, prior to the arbitration being confirmed, pay such costs.
- The Registrar will set the matter down for hearing at a time, date and place suitable to the parties and the arbitrator(s) when:
- unless the Registrar otherwise directs, all directions have been complied with.
- all fees and charges including anticipated fees and charges have been paid to the Service.
- the arbitration agreement has been signed by all the parties.
- The arbitration will then take place.
- The award of the arbitrator will be communicated to the Registrar. We shall provide copies of the award to the parties.
To submit your details to the Registrar please fill out the online enquiry form.