Mediation Position Papers - Jon Lang Mediator.
This sample paper on (Sample Essay on Arbitration Vs Court Litigation) was uploaded by one our contributors and does not necessarily reflect how our professionals write our papers. If you would like this paper removed from our website, please contact us via our Contact Us Page.
However, as the security guard did not give evidence at the arbitration hearing the employer was unable to validate the sworn statement. The arbitrator, therefore, found the dismissal to be unfair and ordered the employer to reinstate the employee with full back pay to the date of the dismissal. Not only are witnesses the most crucial source of evidence, they are also the most difficult source.
The need for post-hearing briefs is usually discussed during the pre-hearing organizational conference between the Tribunal and the parties or at the close of the hearing. If ordered, Tribunals generally direct the parties concerning the format of the brief, including timing, page limits, font and spacing. The Tribunal will also direct the parties to the issues of most relevance which ought to.
Throughout this essay I shall be looking at a number of things relating to the nature of arbitration. Firstly looking briefly at the matters that can be referred to arbitration, referring to such cases as Roxburgh v. Dinardo. 1981. Also pointing out important things as arbitration clauses in some contracts. I will then go on to describe the main characteristics of arbitration showing its most.
Arbitration is the private, judicial determination of a dispute, by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a tribunal. A tribunal may consist of any number of arbitrators though some legal systems insist on an odd number for obvious reasons of wishing to avoid a tie. One and three are the most common numbers of arbitrators. The.
HEARING NOTICE BBB shall set a date, time (during normal business hours) and place for your arbitration hearing. The hearing shall be set with due regard for the schedule of the parties and the arbitrator. Notice of the date, time, and place of the hearing shall be sent to you at least 10 days in advance of the hearing unless the parties agree otherwise. Contact BBB immediately if you object.
The arbitration clause governs all aspects of the resolution process and should cover: the venue; the number of arbitrators: one versus a panel of three or more; composition of the arbitration panel, e.g. lawyers, accountants, engineers or industry experts; and source of the arbitrators and procedures to be followed, such as arbitration associations or ad hoc procedures to be dictated by the.