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Arbitration (Procedure (Filing a claim, Answering of claim, Selection of…
Arbitration
Procedure
Filing a claim
Answering of claim
Selection of arbitrator
Pre-hearing conferences
Discovery
Hearing
Decision and Awards
Arbitrator
Neutral party
Chosen by the disputants
Knowledgeable on the matter of dispute
Facilitates discussion
Reviews evidence and hears testimony
Types
Property disputes
Fraud
Marital disputes
Custody matters
Court- Annexed
Involuntary assignment of cases that meet a certain criteria
Not binding
Advantages
Flexibility
Cost effective
Arbitrator's expertise
Privacy
Preservation of relationships
Present
Establishment of laws
Mediation Act of T&T
2004
Institutions
The Dispute Resolution Centre Trinidad and Tobago
National Centre for Dispute Resolution
Awareness
To encourage the use of ADR methods before litigation
Disadvantages
Cost effectiveness is relative
Does not allow punitive damages
More effective for pure monetary claimants
Basic Principles
Use of a third party to settle a dispute
An arbitrator makes a binding decision on the matter
Unlike mediation and negotiation
History
Traditional Societies
Yoruba of Nigeria
Ancient Greece
Early Uses
Panchayat of India
Yi Dynasty in Korea
King Alfonso the Wise (Spanish)
Future
Regionally
Litigation still preferred
Lack of knowledge on ADR
Internationally
Favoured choice for commercial disputes
ADR will continue to grow