ReSolution Issue 22, September 2019 | Page 11

not). In our experience, in the vast majority of cases, there is simply no need for a lengthier process which can only result in greater cost to the parties for no relative gain.
The desirability of arbitration as compared to litigation has only increased in recent years with the rise in court fees (both filing and hearing fees) and delay in getting a judgment.
NZDRC’s arbitration rules provide for either fixed or capped fees which provide disputing parties (and their legal advisers) with greater certainty as to the likely cost prior to engaging in the process.
Moreover, in terms of time (and time is certainly money in the legal world), parties can have an arbitrator appointed and the process completed with an award published in less time than it may take to even get a first case management conference scheduled before the courts – certainly before any final trial and judgment.
Choice of decision maker
A key benefit often associated with any private dispute resolution option is the ability to select a third party neutral who rather than being a generalist, has significant experience in dealing with disputes arising in, for instance, a particular industry or sector such as property. This gives parties the confidence that the facilitator or decision maker (depending on the process selected) is already up to speed in terms of having a working understanding of the matters in dispute in the specialist context in which they have arisen.
Of course, an arbitrator is not appointed to conduct an investigation or to bring his or her own experience to bear when publishing an award. However, there is a certainty security in knowing that the decision maker has a base level of understanding of the matters in dispute. There are also likely to be cost savings in that parties do not necessarily need to ‘educate the decision maker’ as a preliminary step to determining the issues in dispute.
Finality and enforceability
This final key benefit also in part relates to the first.
Any arbitral award is final and binding, with only limited rights of appeal available, those appeal rights being restricted to appeals on questions of law (as compared with the multiple levels of appeal related proceedings in the court system).
This gives parties certainty that their dispute will be finally resolved without the risk and cost associated