- F A Q

F A Q

Frequently asked questions

What is Arbitration ?

Arbitration is the opportunity to try and reach a
settlement with the assistance of a neutral third
party, a qualified Mediator or Arbitrator,
without a costly and stressful court hearing.

It is confidential, flexible and less formal than
court and the Arbitrator will make the decision
on the papers you provide.

How does the dispute resolution service work ?
Once the relevant Trade Association has been
contacted by the Claimant with details of the
issues in dispute and it is agreed that the dispute
is to be resolved through arbitration/
mediation, the Trade Association will arrange
to send the Claimant the dispute resolution
application form.
On receipt of the Claimant’s completed application
form with supporting documentation and scheme
fee payment, Dispute Settlement Services will
write to the Respondent company to put them on
notice of the arbitration/mediation.

The Respondent then makes contact with
the Trade Association to obtain the dispute
application form.

Their completed application form, accompanied
by their supporting documentation
and scheme fee payment, is then sent to
Dispute Settlement Services.

At that stage, Dispute Settlement Services
appoints an arbitrator/mediator to
the dispute and s/he is sent the
documentation.

Normally within 28 days, thearbitrator/
mediator will come to an opinion as to
liability and apportions damages appropriately.

S/he then writes to the parties informing
them of his/her fully reasoned decision.

This is a binding document and the decision
is considered final.

Is my dispute suitable for Arbitration ?

Arbitration has been used successfully to assist in
all types of disputes. Whether money is in issue or
not,it is a very effective way to work through the
issues pertinent tothe dispute in a way that
preserves the dignity of each party.
Dispute Settlement Services is happy to discuss
the suitability of any dispute for Arbitration.

What are the cost implications ?

In litigation, costs can spiral but the cost of
the Arbitration is known before the start and
is divided between both parties. There are no
nasty surprises.

Can I have a retainer contract ?

Dispute Settlement Services have a number of
retainer contracts with organisations where the
Arbitration process is an integral part of their
policy and procedure.

Is an Arbitration settlement binding ?
Yes. The Arbitrators written decision is final
and legally binding. You will be asked from
the start whether you have authority to
enter into the process ensuring closure
with authority.

How is an Arbitrator chosen ?

Dispute Settlement Services has a leading panel
of professional and experienced Arbitrators and
Mediators, plus a vigorously recruited National
Network. Frequently, each has legal and
practical expertise in travel. Once both parties
have agreed to Arbitration, simply contact us
either by telephoning or email and we can
assist you further.

Does Dispute Settlement Services have a
Code of Conduct ?

All of our Arbitrators/Mediators follow the
ethical guidelines as suggested by the
European Commission draft Directive
on Mediation and the Arbitration Act 1996.
All Arbitrators/Mediators will stay at all
times neutral and do their best to come
to a fair decision.

All Arbitrators/Mediators are registered
under the Data Protection Act so you can
be sure that your private information
remains just that.

How soon can we access Arbitration/Mediation ?

Arbitration/Mediation can be arranged very quickly
once we have the consent of both parties.
A decision will normallybe reached within 28 days of
the Arbitrator/Mediator receiving the papers and
a decision posted to you directly.

Dispute Settlement Services Ltd Field End Barn, 2 Bury Farm, Kimpton, Hitchin, Herts, SG4 8RH.