Arbitration

Arbitration

Arbitration is a means of determining disputes when an adjudication is required, whether in the workplace or in commercial disputes governed by the Arbitration Act 2010. 

The Arbitrator hears the views of the parties and their representatives and then gives a considered finding,normally in writing (since the 2010 Arbitration Act became law for arbitrations under its aegis).

Under Irish Arbitration law where a valid arbitration clause exists in a contract or agreement this will result in a stay in any legal proceedings, saving you time and money.

You should always put an arbitration clause in all your contracts with suppliers and others. (The form of the clause is important and  we can advise).

In workplace disputes (which are not covered by the Arbitration Act)  it is still possible to produce a legally binding outcome, even where claims under employment rights statutes such as the Unfair Dismissals Act are involved.

Even before that stage is reached we can provide an independent appeal option for internal disciplinary matters, especially in small business where the initial decision maker wants a third party decision.

This can be quicker and fairer than waiting 76 weeks for the EAT! (In 2009 the delay was 30 weeks.) It can in some circumstances be done on a ‘Documents Only’ basis which saves time and money.

And there are ‘hybrid’ forms of dispute resolution such as, Med-Arb, Early Neutral Evaluation but we’ll get to those when we need to!

Pat Brady is a Fellow of the Chartered Institute of Arbitrators and has been its Honorary Secretary (2009-2010), Vice-Chairman (2010-2011) and Chairman (2011-2012).

Ring 086 2587940 or pat.brady@workplacesolutions.ie