Legal Services

Arbitration

Arbitration is an alternative dispute resolution mechanism, based on the law of evidence, the relevant arbitration industry association’s code of ethics and conduct rules and is a legal process. Unlike a court proceeding, the arbitrators' verdict cannot be appealed against, although arbitration allows for a review of a judgement if new material and substantive evidence can be produced. To ensure privacy, an arbitration agreement must include a confidentiality clause. The records of an arbitration are not public. Since arbitration is based on the law of evidence, rather than group dynamics, human interaction and emotions, it is often viewed as part of the judiciary system, much less as an alternative dispute resolution mechanism.

Litigation

Litigation is the ultimate conflict resolution and dispute settlement mechanism. From small claims courts across magistrates, regional courts to the High Court or Supreme Court, litigation promises a judgement which is based on law, evidence, precedence and the employ of lawyers and advocates. It is a fully public process, against which judgments can be appealed by parties. The process may be drawn out indefinitely or until parties are unable to fund the process any further. Outcomes can be unpredictable. All court records are public and can be accessed by the public and/or the media at any time.