In Arbitration or Mediation proceedings, it is not in the interest of the parties to have any legal representations due to its high costs. This article analyses the advantages of having legal representations in these proceedings.
Strictly speaking, it is optional to have legal representation in arbitration or mediation proceedings.
The procedures for arbitration can be highly complicated and it will be very difficult to draft a claim without any experience in this area. Procedural improprieties can be fatal to some claims. Hence, even if there are high costs in hiring a legal representation, these can save you time and money in researching the proceedings and make sure that your claim does not get defeated by trivial mistakes. Moreover, arbitration is a quasi-judicial proceeding. Even though it may not be as formal as a court, arbitrators are still applying the rule of law. It is advisable that you get legal representation to protect your company’s interest as the area of law in question may be highly complex.
Mediation, on the other hand, is not a legal process. It is entirely optional to get legal representation or not. There are various pilot schemes initiated by the Joint Mediation Helpline office to promote the use of mediation amongst SMEs.
Key Takeaways:
In arbitration or mediation proceedings, it is optional to have legal representation. However, it is always advisable that you do get one to safeguard your legal claims.