ReSolution Issue 18, September 2018 | Page 31




user, which demands will always include the unavoidable constraints (the twin evils) of time and cost.
It is pointless asking a potential user to adopt a dispute resolution process that does not provide a proportionate response to the underlying issues involved. Neither commercial enterprises nor individuals have limitless resources and the failure to provide access to proportionate dispute resolution options simply ignores the primary objective of modern private dispute resolution, namely to provide the fair, prompt, and cost effective resolution of any dispute, in a manner that is proportionate to the amounts in dispute, the complexity of the issues involved, and the importance of the issues to the parties.
So how do we address this issue?
Our 2018 Rules seek to build on existing initiatives to provide additional mechanisms and controls to give parties certainty in terms of time and cost, whilst ensuring the services we deliver remain first class.
1. Administered Services
a. All of our processes are fully administered, giving users and their advisers access to professional registry staff and case managers who are able to provide professional advice as to processes and procedures. This significantly cuts down the cost involved in users and advisers getting up to speed with process options.
b. Our Registry staff and case managers also take responsibility for the administrative tasks which would otherwise be undertaken by the mediator or arbitrator. This means the time cost for the mediator or arbitrator can be significantly reduced, keeping the cost of the process to a minimum and providing structure and certainty to the process.
2. Mediation
a. The cost of all mediation services is proportionate to the amount in dispute with the fees based on the amount at issue.
b. We will always appoint the most appropriate available person to act as a mediator in terms of experience, availability and cost (subject to any agreement by the parties as to who the mediator ought to be).
3. Arbitration
a. We continue to provide fixed fee arbitration services for disputes under $50,000 (domestically) and $100,000 (internationally). All other arbitral processes are now also subject to capped fees giving parties certainty as to cost.
b. Our expedited arbitration rules also provide parties with certainty as to time and procedure with domestic processes starting from 45 working days and international starting from 60 working days (on the documents).
c. Again, we will only appoint an arbitrator who is appropriate both from an experience and cost perspective (subject to any agreement by the parties as to who the arbitrator ought to be).