White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: email@example.com Internet: http://www.computerlaw.com.au
Arbitration is a formal dispute resolution process, which is governed by legislation.
Arbitration is more flexible than litigation in that the processes followed can be tailored to the dispute, based on the size and complexity of the dispute.
An independent party (the arbitrator) with skills in the disputed area is appointed to determine the dispute.
The decision of the arbitrator, known as an Award, is enforceable in a similar way to a Court order and is binding on both parties
Awards are more effective than Court judgments in that they may be enforced globally, whereas Court judgments in many cases cannot be transferred from country to country.
Our Technology and Intellectual Property Arbitrator is Steve White. Steve holds legal and computer science qualifications and is a Fellow of the Australian Computer Society. Steve has worked in the computer industry for over 20 years.
Mediation is a consent based dispute method where the parties meet together with a third party called a mediator who assists the parties to reach their own settlement. Unlike arbitration, in which the arbitrator makes a binding decision, mediation does not result in an enforceable decision being made by the mediator. Unless the parties come to an agreement, the dispute is not resolved.
Mediation is often ordered by the Court in an attempt to settle a dispute before trial, with the aim of saving the parties time and money by finalising the dispute sooner rather than later.
You can also agree with parties you are in dispute with to have a mediation at any time both before or during litigation.
You may want to include a mediation clause in your agreements so that if a dispute arises, the parties agree to attend a mediation before any litigation is commenced.
Because a mediator does not make a binding decision, the parties may be more open and frank in their discussions, which in turn may assist in the settlement process
We offer our arbitration and mediation services through our affiliated firm - Technology Arbitrators, Expert Determiners and Mediators.
Technology Arbitrators, Expert Determiners and Mediators' standard arbitration agreement and fees can be found at arbitrator.com.au
Technology Arbitrators, Expert Determiners and Mediators' standard mediation agreement and fees can be found at mediator.com.au