In commercial disputes referred to the ADR ACCESS platform the Registrar has the discretion to refer the dispute to a Pre-Arbitration (PRE-ARB) meeting prior to setting the matter down for a formal hearing before an Arbitrator.
All labour disputes referred to the ADR ACCESS platform must however be subjected to a conciliation- arbitration process (CON-ARB) before the Registrar is able appoint an Arbitrator to hear the matter.
Some of the matters that may be dealt with at CON-ARB or PRE-ARB proceedings include, but are not limited to, (a) settlement discussions, (b) determining common cause facts, (c) agreeing on the disputed issues, (d) determining the issues that the Arbitrator must decide on, (e) evidential matters relating to documents and statements, (f) defining the relief and remuneration claimed and (g) the finalization of hearing bundles.
Once the CON-ARB or PRE-ARB meeting is concluded and if the matter is not settled, the Arbitrator shall prepare a minute which shall reflect the nature of the discussions held. This minute will become part of the formal hearing bundle. The Registrar shall then proceed to appoint a new Arbitrator to hear the matter.
The administrative fee paid by the APPLICANT covers all the expenses relating to the CON-ARB or PRE-ARB meeting. If the dispute is settled at this phase, the costs relating to the drafting and finalization of the settlement agreement are also included.