Frequently Asked Questions (FAQs)
If you have a question that is not listed, you can email us with your enquiry and we will endeavor to answer your question.
Subject Index
- Appointing a mediator or arbitrator
- Availability in my state
- Clauses for agreements & contracts
- Costs
- Expertise in professional disciplines
- Qualifications for joining IAMA
- Rules of conduct
- Success rate
- Training programmes
- Trust Account
If I am unsure about who to appoint for my case and which process to use, how can the Institute of Arbitrators & Mediators Australia help?
If you are unsure about who to appoint as an Arbitrator and Mediator, the Institute can help you in selecting the person suitable for your case. We will first ask you for a short description of the dispute and, if there is a contract involved, a copy of the contract and any dispute resolution clauses therein.
After receiving this along with our "nomination fee" (as of the 22 February 2001 this was $330 inclusive of GST) we will try to find a person who is both suitable and has no conflict of interest that could interfere with the case. The Institute specialises in providing the appropriate person for the management of a wide range of cases.
Is the Institute an Australia-wide organisation?
Yes. Our membership is spread far and wide across Australia. Each State has a Chapter community which administers the local affairs of the Institute.
More information can be found within IAMA's state chapters.
Can you suggest a clause I can put in my agreement or contract that will, if we have a dispute, lead us into arbitration or mediation rather than take legal proceedings?
Yes.
How much will it cost?
The fees for cases vary widely and are up to the individual Arbitrator/Mediator/Expert to appraise it and the parties to set.
In those instances where the Institute has a protocol with another organisation to supply services then the fee may be set. In most instances the fee is related to the complexity of the case and the quantum in dispute.
You may want to indicate to the Institute what your expectation of an appropriate fee is beforehand.
Do you have a range of professional disciplines that you can call on?
Yes! The Institute has over 1400 members and affiliates made up from a broad range of professional groups including engineers, architects, lawyers, accountants, valuers, surveyors, managers and more.
If I want to join the Institute do I have to be a qualified arbitrator or mediator?
No! You initially join as an Associate Member and then, if you wish, you can apply to become a Graded Arbitrator or Accredited Mediator. To become a Graded Arbitrator you have to have qualified for our Professional Certificate in Arbitration or an equivalent.
To become an Accredited Mediator with us you have to have qualified for our Practitioners Certificate in Mediation and Conciliation or its equivalent. See the Courses page for further information.
Are there rules and guidelines for the conduct of arbitration, mediation, conciliation and expert determination?
Over the 25 years of the Institute's existence, it has developed a comprehensive set of rules and policies for the management of a range of dispute resolution processes including arbitration, mediation, expert determination and conciliation.
Do arbitrations and mediations usually settle?
In arbitrations the parties agree to accept the arbitrator's decision beforehand. This process is controlled by the relevant piece of legislation in each State (see Commercial Arbitration acts).
In mediation the parties can make their own agreement, which can be made into a legally binding agreement. Parties settle in about 75% of commercial cases.
What training opportunities does the Institute provide?
The Institute provides a wide range of training opportunities. We can provide an Australia wide network of experts in conflict management, theory and training. Besides our mainstream courses in arbitration and mediation we also offer shorter courses in expert determination, conflict management skills and negotiation.
The Institute also provides, through its Chapters, a range of workshops and training opportunities for members.
What is the Trust Account?
It is a special account run by the Institute to help arbitrators, mediators and their clients run their cases more efficiently. Parties can place receipts, deposits, settlements offers, etc. in that account, which can only be accessed at the discretion of the authorised arbitrator or mediator.