Commercial Dispute Resolutions
If you or your opponent in a commercial dispute has ever said “I’ll see you in Court”, then before a judge will even hear your case, mediation must be considered, and in most cases, will be ordered. If your claim is under $10,000.00, the default position of the Magistrates Court in Victoria for example, is that it will be heard as an arbitration.
Mediation and Arbitration are now fundamental parts of the Australian ethos in settling commercial disputes. Arbitration is when, by agreement, a private Arbitrator (not a judge) makes a decision after both parties present their evidence in a dispute, and that decision will be enforced by law.
Mediation and Arbitration have likewise been tools used by Jews and Jewish communities throughout the ages to settle their disputes. Jewish Mediation and Arbitration have unique features which can assist parties who share commonalities to settle their disputes. To make things as transparent and open as possible, we have created a complete set of Procedural Rules, as well as a Standard Arbitration Agreement and Checklist.
This site is dedicated to raising awareness of the advantages of using Jewish Mediation and Arbitration. A Jewish Arbitrator or Mediator does not need to be a Dayan (Jewish Judge), but can be any suitably capable and competent person.
Jewish Arbitration offers Mediation and Arbitration services within a Jewish Legal (Halachic) framework. The resulting settlements and awards of these arbitrations are legally enforceable pursuant to the Commercial Arbitration Act 2011 (Victoria). Jewish Arbitration also offers practical suggestions for parties and other mediators and arbitrators when faced with the difficult challenges of being involved in a commercial dispute.
Another intention of our site is that it will grow to become a resource for Jewish Mediation and Arbitration in Australia. To this end we have set up resources and Frequently Asked Questions (FAQs) pages which will regularly updated as well as an interactive blog discussing issues of interest.