Endeavour

As its name implies, speed is also the essence of this procedure.  It is similar to the Small Claims procedure but is intended for more complex cases and thus allows for rather more time. The procedure is restricted to English Law and the maximum recommended sum in dispute is $250,000. As with the Small Claims, a single arbitrator and is the rule and oral presentation would only be involved in exceptional cases. This system involves a mediator whose task is to endeavour to get the parties to reach a mutual agreement based upon advice and suggestions made by the mediator.  This is by far the quickest and cheapest method of dealing with relatively small and uncomplicated disputes.  Naturally, if mediation proves impossible, then one of the various forms of arbitration is open to the disputing parties. Under LMAA Rules, this form of dispute resolution is currently formalised under the LMAA Conciliation Terms 1991. The SMA New York has a similar Conciliation procedure as set out in Rules published in 1988.   In addition, the SMA published in 1999, a Mediation service to complement the conciliation procedure. One normally associates arbitration with the parties mutually agreeing to such a method of dealing with a dispute, either in the contract, or when the dispute arises. However, a court may refer any question arising in any matter before it to an official or special referee for enquiry or report. It may also refer the whole question before it to be tried by an official or special referee if: All the parties consent. The case required prolonged examination of documents or scientific or local investigation The question in dispute consists wholly or in part of matters of account.