Unit 3 AOS 2 Civil law - 3.2.3 Arbitration

Question 1

Define arbitration

Answer 1

A cooperative method of dispute resolution

Question 2

Arbitrators

Answer 2

Expert/specialized knowledge
Automatically legally binding
Formal approach
Commercial disputes (business)
Facilitates discussion

Question 3

Arbitrator is suitable for…

Answer 3

Ongoing relationship
Privacy and confidentiality is important
Rules and procedures apply
Claim is under $10,000
Legally binding decision

Question 4

Arbitration is unsuitable if…

Answer 4

Parties want their ‘day in court’
Parties prefer the formality of court
Prefer an avenue of appeals
Greater control over their outcome

Question 5

Evaluate Arbitration: Fairness

Answer 5

Binding decision achieved through expert knowledge

->Courts enforcability
->Ensures prolonged agreements

Each party is subject to same resolution w/o favouritism, upholds fairness

Question 6

Evaluate Arbitration: Fairness (however)

Answer 6

Do not have much control as the arbitrator hands down the final decision

Cannot openly participate in their civil claim

Reduces fairness

Question 7

Evalute Arbitration: Equality

Answer 7

Privacy and confidentiality is upheld

->Public scrutiny does not impact the claim
->Outcome is kept confidential
->Beneficial for sensitive cases

No disparities arise from public scrutinty, promotes equality

Question 9

Evalute Arbitration: Equality (However)

Answer 9

A more formal approach may be requested, increasing cost and stress and time

Disadvantages parties with lesser resources

limits equality

Question 10

Evaluate Arbitration: Access

Answer 10

Cost and time-effective