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Arbitration: Is It An Effective Form of Dispute Resolution?

Your rights and possession can be defended and saved by arbitration. Are you wondering how? Do you think this is the right resolution to your building dispute? If you want to know more about it, then better get ready to arm yourself with the right information.

Table of Contents

What is Arbitration?

An arbitration is a building dispute resolution process that requires a third party hearing the sides of both parties. This is an alternative dispute resolution (ADR) that is much cheaper and quicker than the usual court process. In other words, an arbitration saves more time, effort, and money from both parties. Additionally, an arbitration is basically beneficial to builders and owners alike. This kind of building dispute resolution is mostly applied in commercial building disputes.

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Arbitration Process Flowchart | Contracts Specialist
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What is the Purpose of Arbitration?

Just like a court trial, an arbitration aims to settle a dispute between two disputing parties. An arbitrator hears each party’s side to come up with a resolution to their problem. Both parties present their evidences and arguments before an arbitrator and must agree that the final decision is a binding decision that must be enforced.

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When is Arbitration needed?

If mediation and conciliation were not successful for both parties, an arbitration can be the next way forward. As mentioned earlier, an arbitration is the cheaper and quicker version of a court process. This enables the two parties to have a court-like set-up in resolving their problem without actually being in a trial court. An authority hears both sides of the disputing parties and lawyers are allowed to represent their clients.

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Is Arbitration an Effective Form of Dispute Resolution?

With its benefits and growing popularity among commercial building disputes, we can say that it is an effective form of dispute resolution. Although we couldn’t go as far as to say that it is the perfect resolution for building disputes, but it can be the best way forward when the first attempts to negotiate and reconcile fail.

In addition, not only are arbitrations less costly and quicker than the usual court process. Arbitrations are also done in private. It guarantees confidentiality to both parties. But of course, the expert advice of a building lawyer must always be sought before deciding to pursue an arbitration. Dispute resolutions must always be suited to your problems.

Who can help you with Arbitration?

Construction lawyers are the best consultants and advisers when it comes to dispute resolutions like arbitrations. It is best that you discuss your situation with a legal expert to make sure that an arbitration is what fits your legal problem. Moreover, it makes sure that you are taking the right steps in settling your building dispute.

If you have already considered, consulted, and reviewed all the factors to pursue an arbitration and decided to push through with it, then it can help a lot having a building lawyer by your side to guide you throughout your legal situation. Furthermore, you may even ask your lawyer to represent you in the arbitration. This can minimise your chances of getting yourself into more trouble with the other party.

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How can Contracts Specialist help with Arbitration?

Contracts Specialist is a Sydney-based law firm specialising in building and construction. Our areas of expertise includes building dispute tribunals and court trials which can definitely give a hand to your arbitration case. You can trust that you are in good hands as we’ve dealt with all sorts of building dispute cases for so long, day in and day out.

Our principal lawyer, John Dela Cruz, handles Building Disputes, Security of Payments, Construction Contracts, and Strata Law. With over 10 years of experience and his extensive knowledge in building and construction law, you can be confident that you are led to the right direction.

So if you think you’re gonna be in an unending dispute, let’s work together to put a stop on that. Tell us your situation and let’s discuss the right building dispute resolution for you.

Arbitration: Is It An Effective Form of Dispute Resolution?
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Arbitration: Is It An Effective Form of Dispute Resolution?