Peacemaker Equity
Frequently Asked Questions
Plain-English answers about Peacemaker Equity, applications, mediation, arbitration, Private Jury Review, evidence and fees.
General questions
What is Peacemaker Equity?
Peacemaker Equity is a private dispute resolution service providing mediation, arbitration and, where available under the Rules, Private Jury Review. Its approach is guided by truth, fairness, accountability, reconciliation and Biblical Equity.
What is Biblical Equity?
Biblical Equity applies principles of truth, fairness, impartiality, accountability, mercy and reconciliation reflected throughout Scripture. These include truth before victory, equality without partiality, clean hands, good faith, justice with mercy and restoration before punishment.
Who can use Peacemaker Equity?
Individuals, businesses and organisations may use Peacemaker Equity where the parties have agreed to resolve their dispute through the process.
Do we need a Peacemaker Equity clause?
The clearest way to establish the process is to include the Peacemaker Equity Dispute Resolution Clause when an agreement is made. If a dispute already exists, the parties may still jointly agree in writing to submit it to Peacemaker Equity.
Applications
How do I apply?
Read the Rules & Fees and application instructions, then complete the Application Form. Email the completed form and attachments to info@peacemakerequity.com. Unless otherwise directed, provide the same material to each respondent.
Which process should I select?
Select mediation if you want an impartial mediator to help the parties seek a voluntary resolution. Select arbitration only where the requirements in the Rules and the parties' agreement have been met. Private Jury Review is available only where permitted after an arbitration decision.
What must accompany the application?
- The agreement, clause, consent or other authority relied upon
- The signed and witnessed Statement of Facts
- The annexure schedule and relevant evidence
- Monetary calculations, where money is claimed
- Witness and service information
- The filing fee or an applicable fee request
Arbitration and Private Jury Review have additional requirements under the Rules.
Is a Statement of Facts required?
Yes. It should be chronological, use numbered paragraphs, distinguish firsthand knowledge from information and belief, identify the source of information, and refer to supporting annexures. It must be signed by the applicant and witnessed or certified by a Justice of the Peace, or another authorised witness accepted by Peacemaker Equity.
Is the Statement of Facts an affidavit or statutory declaration?
Not automatically. Do not call it an affidavit or statutory declaration unless all applicable requirements for that document have been satisfied. The Rules currently require an affidavit for arbitration. Contact Peacemaker Equity if you need procedural guidance about the required format.
Does citing legislation establish jurisdiction or prove my claim?
No. The applicant must separately establish the basis on which Peacemaker Equity may deal with the dispute and provide facts and evidence supporting each alleged breach. Merely naming an Act or section does not establish jurisdiction or prove a breach.
What happens if an application is vague or incomplete?
It may be returned for clarification. A statement such as “breach of contract” is not sufficient by itself. Identify the exact obligation or provision relied upon, the conduct said to breach it, the supporting evidence and the precise remedy sought.
How do I serve the application?
Provide each respondent with the same application and material lodged with Peacemaker Equity, using a method that creates a reliable record of service. Keep evidence showing when, how and on whom service occurred. Different directions may be given where appropriate.
Mediation
Can I use Peacemaker Equity for mediation only?
Yes. Mediation may be used as a stand-alone service without proceeding to arbitration.
What happens during mediation?
An impartial mediator helps the parties identify the issues, communicate openly and explore possible solutions. The mediator does not decide who wins or loses. Any settlement remains the parties' decision.
How long must we attempt mediation before arbitration?
Under the standard process, the parties genuinely attempt negotiation and mediation for at least 30 days before proceeding to arbitration, unless otherwise agreed or permitted under the Rules.
Can mediation be conducted online?
Yes. Mediation may be conducted in person, by video conference or by telephone.
When should mediation documents be provided?
Each party should ordinarily provide the documents and evidence they intend to rely upon at least seven days before mediation, unless otherwise agreed.
Arbitration
What happens if mediation does not resolve the dispute?
If the applicable requirements have been satisfied, a party may request arbitration in accordance with the Rules. Arbitration is normally heard by three impartial arbitrators who consider both parties' evidence before making a decision.
How do I start arbitration?
Complete the Application Form and satisfy the Notice of Arbitration requirements in the Rules. The material ordinarily includes a clear explanation of the dispute, important facts, the remedy sought, relevant evidence, the agreement containing the Peacemaker Equity clause and an affidavit confirming the facts relied upon.
How long does the respondent have to answer?
Unless otherwise directed, the respondent should provide their written response and supporting evidence within 14 days after receiving the Notice of Arbitration.
When must arbitration evidence be provided?
Unless otherwise directed, evidence intended to be relied upon should be provided to Peacemaker Equity and the other party at least seven days before the hearing.
How many arbitrators hear a dispute?
An arbitration will normally be heard by three impartial arbitrators. A majority decision is required.
Can arbitration be conducted online?
Yes. Arbitration may be conducted in person, by video conference or by telephone.
How long does arbitration take?
Every dispute is different, so there is no fixed timeframe. A written award should ordinarily be issued within 30 days after the hearing concludes, unless additional time is reasonably required.
Decisions and Private Jury Review
Is an arbitration decision binding?
The parties agree that an arbitration award is intended to be final and binding, subject to any Private Jury Review available under the Rules and applicable law.
What if I disagree with the arbitration decision?
Where permitted under the Rules or the parties' agreement, a party may apply for Private Jury Review. Twelve jury members consider the evidence and arbitration decision using the same foundational principles.
Can an award be enforced through a public court?
A final arbitration award may be enforceable through a court of competent jurisdiction where permitted by applicable law. The parties' rights remain subject to the arbitration agreement and applicable law.
Evidence, assistance and representation
What evidence can be considered?
Relevant material may include agreements, correspondence, photographs, recordings, financial records, witness evidence and electronic communications. The Tribunal determines the weight given to each item.
Do I need a lawyer?
No. The process is intended to be understandable without legal training. A party may seek assistance or representation in accordance with the Rules.
Are lawyers allowed?
A lawyer or other representative may assist where permitted. Professional status does not give a representative or party greater standing before Peacemaker Equity.
Can Peacemaker Equity help me understand the process?
Peacemaker Equity may provide impartial procedural guidance about steps, documents and timeframes. It cannot provide one party with legal advice or assistance that would disadvantage another party.
Fees
How much does mediation cost?
Mediation has a $200 filing fee and costs $120 per hour, with a minimum booking of two hours.
How much does arbitration cost?
Arbitration has a $500 filing fee and costs $300 per hour, with a minimum booking of two hours. Arbitration is normally conducted by three arbitrators.
How much does Private Jury Review cost?
Private Jury Review has a $1,500 filing fee and costs $1,200 per hour, with a minimum booking of two hours. It is conducted by twelve jury members.
Who pays the costs?
Unless otherwise agreed or ordered, Peacemaker Equity costs are shared equally between the parties. Each party is ordinarily responsible for their own witnesses, travel and personal expenses. Check the current Rules & Fees before lodging.
Becoming a mediator, arbitrator or jury member
How do I become a mediator or arbitrator?
Applicants must successfully complete approved Peacemaker Equity training and may then be interviewed and assessed before being added to the approved roster.
Does completing the training guarantee appointment?
No. Candidates must also be assessed as suitable and competent before serving in an official capacity.
Do I need to live locally?
Not necessarily. Many proceedings can be conducted online, so location is not always a barrier.
Still have a question?
Email info@peacemakerequity.com for impartial procedural guidance.