Where the parties are represented by lawyers, the process is started when one or other of them notifies us that they wish to appoint us to arbitrate their client’s case. We work in the consultation with both lawyers to identify what it is the parties agree on, what it is they disagree about and what it is that the arbitrator has to decide for them.
Very often, the lawyers will already have been able to simplify the case and agree a case summary setting all this out. Usually the lawyers will be aware of the evidence which is needed, if any, to enable the decision to be taken and how that evidence will be presented.
We are generally able to agree with the lawyers whether an oral hearing will be needed and, if so, whether it can be dealt with by tele or video conferencing, or if something similar to court hearing would be more effective. If the latter, we agree a venue and facilities convenient and suitable for the parties.
If no hearing is needed and a decision can be taken on written information only, a written decision with reasons will be supplied. If a hearing takes place, the decision and the reasons for it in most cases will be given there and then. Occasionally, in cases which are more complex or finely balanced, the arbitrator may decide to give the decision and reasons in writing at a later date.
The lawyers will then agree the form of a court order giving effect to the decision. The arbitrator can be requested to decide any points concerning the order which cannot be agreed.
The order is then submitted to court and approved by a judge.
Where parties are not using lawyers, the procedure is started when either one of the parties contact us through the website to let us know that they wish us to carry out an arbitration. We contact the other party directly to confirm that this is agreed by both of them.
Once this has been confirmed, we send both parties a pro forma to complete to give us the essential information which we need for an effective arbitration. We may follow this up with further questions once we have received initial information.
When we are satisfied that we are able to identify exactly what the dispute is about and each party’s position, we notify both parties how the decision will be taken. If the arbitration requires a hearing, we will agree with the parties how, where and when that hearing is to take place.
Again, if no hearing is needed and a decision can be taken on written information only, a written decision with reasons will be supplied. If a hearing takes place, the decision and the reasons for it in most cases will be given there and then. Occasionally, in cases which are more complex or finely balanced, the arbitrator may decide to give the decision and reasons in writing at a later date.
If the parties have requested the provision of a written court order, then this will follow once the decision and reasons have been given. It is for the parties themselves to submit this to court for approval by a judge.
Level 1 and Level 2 arbitrations are subject to fixed prices. They can be booked either through lawyers or by the parties themselves. If you are unsure whether your case comes within either of these levels, feel free to enquire. Once you have booked a Level 1 or Level 2 arbitration, we will review the information you supply to make sure that your dispute falls within the Level that you have booked. If in our view it does not, we will let you know and you can decide whether you wish to proceed on a different level. their panel.
Through our website
Starting our process and taking it all the way through to a conclusion takes place online.
All communication with NFAS is automatically copied to both parties so that there can be no suggestion that one side can obtain an unfair advantage over the other by communicating privately with the arbitrator.
The web-based system is designed to keep paperwork an absolute minimum so that only essential information is used. Documents can be uploaded through the website by being scanned.
Professional clients and the parties themselves are able to follow the progress of the arbitration by logging onto the website through a secure portal.