It is Tokiso’s business to conduct private arbitrations, including those governed by clauses in contracts which give parties the right to initiate an arbitration hearing where they are unable to resolve the dispute themselves in cases of alleged breach. This seems straight forward and our Arbitration Act, be it somewhat outdated, does recognise such a clause and the right of parties to make provision for private arbitration to resolve a dispute. However, it is not uncommon for the dispute resolution clause to be poorly drafted making it unenforceable or onerous.

I am often approached by attorneys, HR officials, union officials and those in other professions with the question, “How do I become a panellist?” I get the impression that the role of mediator and arbitrator is seen as a ‘sexy’ profession. The reality is different. This is a difficult industry to get into, and the type of commitment and time that goes into building a career as a mediator or arbitrator has sent many a brave person looking for work in other directions. So the answer is not standard and requires a more detailed discussion.

Becoming a panellist

The primary difficulty for any aspirant mediator and arbitrator is that, like any other profession, this is not a career one can hop, skip and jump into overnight and expect to be overwhelmed with work. Firstly, a person needs to complete a reputable training course in the field, even if you are legally trained.
Secondly, the market is saturated with mediators and arbitrators (although many untrained or poorly trained). The supply is much higher than demand. This is largely because dispute resolution is a new (be it growing) field of work.