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By Ian Eilenberg

Dispute answer in building administration is a handbook for college kids and people within the building who want to know the right way to steer clear of disputes and the way to solve them in the event that they come up.

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They have jurisdiction over criminal matters as per the Australian courts and also hear appeals from local or city courts. COMMENTS ON THE COURT SYSTEM There are arguments for and against using the court system, some of which are summarised below. The hearing is before a fully trained legal person This has the benefit of ensuring that the hearing is in accordance with current law. It also ensures that the magistrate or judge will have a full understanding of any legal arguments raised by the parties appearing before the bench.

The benefit is clearly in the area of procedural control. Special list The use of the special list in the county courts has been shown to be a very successful way of resolving building disputes. It has been estimated by the practitioners that of those cases sent out to mediation, some eighty per cent of them are resolved at that level. It is also thought that of those that are not resolved in mediation, both parties at the very least come away with a clearer picture of the real issues of the dispute, thereby reducing the time spent in court.

And arbitrators are so called because they have an arbitrary power; for, if they observe the submission [arbitration agreement] and keep within due bounds, their sentences are definite from which there lies no appeal (Golding 1970). This passage is significant, as it establishes an arbitrator’s jurisdiction: that of the evidence directly provided to him/her. Once the matter has been submitted and addressed, the decision is binding and final. Arbitration has many advantages. Foremost of these is that the arbitrator is appointed jointly by all parties to the dispute, and so that at least in principle, both parties believe the appointee to be the best person available to hear a particular dispute.

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