Services

Arbitration Services

Each case is unique and needs a procedure tailored to fit parties’ specific needs.
There is no “one size fits all” as in court.

Once parties have agreed to my decision-making role (or I have been nominated by an appointing body), I invite all participants to provide a brief summary of the background to the dispute and the issues as each sees them along with a timescale according to which they’d like the dispute resolved.

This allows me to prepare terms and conditions, including the fixing of fees appropriate to the dispute in question.

A

Pathway to Resolving your Dispute

could look like this:

1
I contact parties with a view to fixing a date for a preliminary meeting – typically by online video conference or conference call (saving time and expense), although it can also be in person.
2
I consider the procedures best suited to resolving the dispute – on the basis of which I draft an agenda for the preliminary meeting, for parties’ consideration.
3
At this stage, I might suggest a provisional outline of the disputed issues  – again for parties’ consideration.
This could include terms of reference clarifying the remedy each party is seeking.
4
At the preliminary meeting we go through the agenda identifying the process that will lead to me giving a binding decision on the dispute, including the timescale for this.
5
The necessity for a hearing of evidence with witnesses will be considered (sometimes this isn’t necessary, and the decision can be made solely on the basis of the documents)
6
If a hearing is necessary, a provisional date and venue can be considered
7
Following the meeting, a timetable for the steps to resolve the dispute is issued.
8
This might include a period of time for the exchange of statements of case and supporting documentation, along with the exchange of any expert reports.
9
At the venue agreed with you, the parties, I hear any witnesses.
Finally I consider parties’ arguments and issue my decision on the dispute know as ‘the award’.

Early Neutral Evaluation

Early neutral evaluation is a much more informal process. The evaluative decision isn’t binding but allows the parties to see – early in the dispute - how a decision-maker who considers both arguments might decide an issue. Generally only documents are submitted. ENE is not used often in Scotland, but for things like contract (or statute) interpretation disputes I can’t see a reason why not. It can encourage realistic settlement, or at least narrow the dispute.
Contact the other side if this would be of interest and then both of you can approach me.

Testimonials

“I would concur with [these] sentiments regarding the way the arbitration has been handled and in my view this has provided an effective way of settling our dispute.”

Comments of the other party

“Many thanks for your prompt and careful attention to matters throughout.”

Comments of one party