How the OutOfCourt Dispute Resolution system works

Arbitration and Mediation

Resolve your legal dispute without Court

A step by step guide

 

The process is very simple: Appoint an independent person to resolve a dispute between parties.

Step 1 – FILE A DISPUTE WITH OUTOFCOURT ™

The process begins with filing a dispute through the OutOfCourt website.

The Applicant gives us a general information on the matter, indicates the practice area, gives us details of the other party, chooses their preferred Panelist and pays an initial fee.

If the Applicant wishes to use more than 1 Panelist then the Applicant should indicate that in the outline of the dispute. 

The final fees paid in a dispute are a matter between you and the panelist. The fees should be determined by parties at the initial meeting under Step 4.

Step 2 – WE CONTACT THE OTHER PARTY AND INVITE THEM TO RESOLVE THE DISPUTE

Once step 1 is complete we confirm the idenity of the Applicant and contact the other parties in the dispute (the Respondents) and invite them to resolve the matter without the need for Court proceedings.

If they agree to resolve the dispute through OutOfCourt, the Applicants must each pay the remaining Dispute Filing Fee and each Respondent must pay the full Dispute Filing Fee. 

If they agree to proceed, the Respondent can indicate their preferred Panelistm we confirm the idenity of the Respondents and OutOfCourt appoints a Panelist under Step 3.

The resolution process then begins.

If the Respondent does not agree to proceed, we notify the Applicant the Respondent has refused to participate. 

Step 3 – APPOINTMENT OF PANELIST

For Arbitration:

  • Decisions can be made by either 1 or 3 Panelists.
  • The Applicant indicates how many Panelists it wishes to use to make the decision.
  • Both the Applicant and the Respondent can indicate their preference of individual Panelists.
  • If the Applicant chooses to have 1 Panelist: OutOfCourt chooses and appoints the Panelist keeping in mind their preference for Panelists and the Respondents preference for Panelists.
  • If the Applicant chooses 3 Panelists: The Applicant appoints 1 Panelist, the Respondent appoints 1 Panelist and the two Panelists together appoint the third Panelist.
  • If the Respondent disagrees with the number of chosen Panelists, this issue can be resolved with the initial Panelist.
  • A Panelist can refuse a referral and may do so for any reason including conflicts or capacity to take on the matter.
  • If any party objects to a Panelist, they can challenge the appointment.

For Mediation:

  • Mediation is conducted by 1 Mediator.
  • Both the Applicant and the Respondent can indicate their preference of individual Mediators.
  • OutOfCourt chooses and appoints the Mediatorkeeping in mind each Party's preference for Panelists.
  • A Panelist can refuse a referral and may do so for any reason including conflicts or capacity to take on the matter.
  • If any party objects to a Panelist, they can challenge the appointment.

Step 4 – Arbitration / Mediation and Decision / Award

Once the decision on an Arbitrator or Mediator (the Panelist) is made, details of the case filed are referred to the Panelist who will contact each party and move the dispute resolution forward.

The Panelist will typically hold an initial conference to discuss issues such as:

  • ensuring parties understand the nature of the proceedings and to explain any aspect of the procedure for resolving the dispute;
  • case management issues such as:
    • timeframes for each step of the Arbitration or Mediation;
    • any rules that need to be followed by the parties;
  • what evidence should be filed by each party (for Arbitration);
  • the cost of the Arbitration or Mediation; and
  • whether the parties will share the cost of the Arbitration/Mediation or whether one party should pay the costs.

In Arbitration: The parties should then enter into an arbitration agreement and the process will be begin. Once a decision (known as an award) is made, the parties are notified.

In Mediation: The parties will likely enter into a mediation agreement and the process will begin.

Resolution Timeframes: OutOfCourt sets down rules which must be followed by Panelists. Only in rare cases will the rules be relaxed. These rules include strict timelines for resolving matters. The initial conference should be held within 14 days of the details being provided to the Panelist. In most Arbitration cases a decision/award must be handed down within 28 days of a hearing. In most mediation cases the mediation should be held within 28 days of the inital conference.


How good is it when you help someone who is injured, has no money and is losing their house? Winner today!! no litigation!!
Warren Bennett