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As most of us know, words like arbitration and mediation and other legal jargon are thrown around by most people involved in an argument today.

 

The biggest words (and probably the most vague and unnecessary  words at that) are:   "I'LL SUE YOU" with a few !!!!!!! at the end.

But is this really the only way? 

 

Arbitration is an agreement between parties that when they have a dispute to refer that dispute to a third party for decision and then to adhere to the determination of that arbitrator.

 

Simple, If you want to finalize a matter quickly, refer it to a third party and run your arbitration on the rules of the relevant foundation.

But, what isn't simple is the actual procedures involved. 

 

Arbitration rules vary from foundation to associations and typically make you follow a procedure that involves A LOT of legal knowledge. 

 

The purpose of such an arbitration is to be an alternative to legal proceedings before court that can take quite some time and also to save costs. 

 

At this point you might be asking: "but why does this effect me?" which would be fair. Most people don't enter into long-winded legal agreements...... except for Google Fiber, Samsung, Netflix and a whole host of other companies. Even Niantic, creators of Pokemon Go use arbitration clauses in their end user licensing agreements. The terms of each and enforcability, of course, depends on actual wording.

 

So, if you are part of such an arbitration, so what? it should just follow its course right.

This is true. The only problem is that costs are now being paid to your lawyer and the arbitrator, and the venue, and the interpreter(if necessary), and the company recording proceedings. Ending with amounts that would typically be paid for by the state and be part of a normal court being paid by you or the other party

 

The above is a complicated way to say speed vs cost. but not both.

 

If you get involved in such an arbitration always seek legal assistance in order to try and reduce costs.

 

As always, our offices are available to assist in all arbitration matters

 

Have a great day 

 

- Du Bruyn Attorneys