Arbitration
Swift & Private Outcomes
For significant costs disputes, Arbitration may be the most appropriate form of ADR where the parties wish to achieve a swift, private but binding outcome, known as an award.
The parties must agree in advance whether they wish to have a hearing or that the arbitration should take place on the basis of written submissions only, with procedural issues to be delegated to the arbitrator.
Frequently Asked Questions
What is the difference between arbitration and mediation?
Mediation is a facilitated negotiation where parties reach their own agreement. Arbitration is a binding determination where an arbitrator makes a final decision (an 'award'). Arbitration is more formal but still faster and more private than court proceedings.
Is an arbitration award legally binding?
Yes, arbitration awards are binding under the Arbitration Act 1996. There are only very limited grounds for appeal, making arbitration a final resolution in most cases.
Can arbitration be conducted on paper only?
Yes, parties can agree to documents-only arbitration where the arbitrator decides based on written submissions, or they can opt for an oral hearing. This flexibility is agreed at the outset.
How long does costs arbitration take?
Typically 2-4 weeks from submission of materials to receiving the award, depending on case complexity. This is considerably faster than court-based detailed assessment.
