I agree with Greg Rooney-all of his list (I'd include conciliation) are 'all the same horse but different jockeys".
I put this as an illustration that hybrids can work.
In 2005 the IAMA Tasmanian chapter was tasked by Consumer Affairs Tasmania with examining the effectiveness and validity of a dispute clause in an MBA Owner Builder contract. This provided for an initial mediation of 4 hours in the dispute process which if that failed was followed by an arbitration. A number of meetings were held, which included an MBA representative, at which I was convenor .This group concluded, based on the evidence of group members including myself, that in practice the clause was workable and produced an effective resolution of such disputes. The contract and dispute clause are no longer used by the MBA Tasmania.
My main concern is that from an IAMA of 15(most of whom were arbitrators) I am now the sole RI arbitrator in Tasmania..A search of the Tasmanian Law Society revealed 8 members as arbitrators affiliated to an arbitration organisation other than RI.
My special concern is that the 20i9 Arbitration Working Group Report chaired by Albert Monichino QC has not had its recommendations adopted by the RI Board.These included(in its 33pp) raising the profile of arbitrators eg marketing,grading procedures and nomination fees (very critical of the proposed 15%)
I have the mail from Russell Thirgood of 14/5/18 which brought me onto the Working Party and which set the wheels turning for this significant Report which has been neglected by the RI Board.
John Livermore Hobart
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John Livermore
CEO
West Hobart TAS
414758251
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