Frequently Asked Questions

What is Arbitration?

Arbitration is the opportunity for businesses to try and reach a settlement with the assistance of a neutral 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 which you are responsible for providing.

How does the dispute resolution service work?

Once we have been contacted with details of the issues in dispute and it is agreed that the dispute is to be resolved through arbitration, we will send the parties copies of the dispute resolution application form and declaration agreeing to abide by the arbitration process. 

The parties must send back completed application forms and declarations, accompanied by all supporting documentation and its share of the agreed arbitration fee.

Dispute Settlement Services will then appoint an arbitrator to the dispute who is sent all of the documentation, forms and declarations to review and consider. 

Within 4-6 weeks, the arbitrator will come to a view as to any liability and make an award if considered appropriate. It is very unusual for the administration fee to be included in any award unless one or the other party has behaved particularly unreasonably in coming to the arbitration process. 

We will write to the parties with the fully reasoned decision. This is a binding document and the decision is considered final and the parties must arrange for any payment of an award. 

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 to the dispute in a way that preserves the dignity and confidentiality of each party. Dispute Settlement Services is happy to discuss the suitability of any dispute for arbitration.

What are the cost implications?

Many claims that come to Dispute Settlement Services for arbitration might traditionally have gone through the court system. These days it is well publicised that litigation costs have increased substantially and they can spiral especially where solicitors become involved or when the issues in dispute are complex. The cost of the Arbitration is agreed and known before the start, paid upfront and is divided between both parties so there are no nasty surprises.

Can I have a retainer contract?

Dispute Settlement Services have previously had a number of retainer contracts with, for example, travel associations, where the arbitration process is an integral part of their policy and procedure to be followed by its member companies. If this is something of interest to your company or organisation please do not hesitate to contact us directly. We also have retainer contracts with independent and unaffiliated companies. This by no means compromises our independence as our track record shows. Our arbitrators are independent consultants and we always double check for any conflicts of interest, so there is no bias towards one party over another. 

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 and asked to sign a declaration confirming that you or your company or organisation agrees to be bound.

Can I appeal a decision by an arbitrator?

In certain circumstances you may feel you want to appeal an arbitrator’s decision. While the process asks that each party accept the final decision and any award to provide certainty, where there has been an error in law or substantial irregularity it is a party’s right to go to court and appeal the decision. We would urge you to promptly seek legal advice in this instance as the appeal process is time sensitive.  

How is an Arbitrator chosen?

Dispute Settlement Services has a panel of professional and experienced arbitrators and 

mediators. The decision who to send an arbitration to depends on any potential conflicts of interest and an arbitrator's availability at the given time but an arbitrator is otherwise chosen randomly by rotation so as to avoid using one arbitrator more than any other. 

Does Dispute Settlement Services have a Code of Conduct?

All of our arbitrators follow the ethical guidelines as suggested by the EU Mediation Directive and Code of Conduct for Mediators, the DRA Code of Conduct for Mediators 2025, and the Arbitration Act 1996. 

All Arbitrators are neutral, independent, and do their best to come to a fair decision based on the evidence provided by the parties.

All arbitrations are undertaken in the utmost confidence and it is expected that the parties will respect the confidential nature of the ADR process. 

Dispute Settlement Services is registered with the ICO in accordance with current Data Protection legislation as it applies in the UK and so you can be sure that your private information remains just that.

How soon can we access Arbitration?

Arbitration can be arranged very quickly once we have the consent of both parties. A decision will normally be reached within 4-6 weeks of the arbitrator receiving the papers and a decision posted to you directly.