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Peacemaker equity

Rules and Fees

Peacemaker Equity — Rules & Fees

Peacemaker Equity provides private mediation and arbitration based on truth, fairness, accountability, reconciliation and the principles of Biblical Equity.

Our aim is simple: seek peace first, hear both sides fairly, establish the truth and provide an equitable remedy where needed.

These Rules apply where the parties have agreed to use Peacemaker Equity to resolve their dispute.

Our Principles

Everyone participating in Peacemaker Equity agrees to:

  • Tell the truth.
  • Act in good faith.
  • Treat every person with dignity and respect.
  • Seek reconciliation before judgment.
  • Make full disclosure of relevant facts and evidence.
  • Honour their agreements.
  • Accept responsibility for their own conduct.
  • Seek restoration before punishment.
  • Show justice without partiality.
  • Keep proceedings private and confidential.

These principles guide every mediation, arbitration and private jury proceeding.

Fees

All costs are in Australian Dollars.

Mediation

Informal — One Mediator

$200

Filing Fee

$120 per hour
Minimum 2 hours

Arbitration

Formal — Three Arbitrators

$500

Filing Fee

$300 per hour
Minimum 2 hours

Private Court

Formal — 12 Jury Members

$1,500

Filing Fee

$1,200 per hour
Minimum 2 hours

Unless otherwise agreed or ordered by the Tribunal, Peacemaker Equity costs are shared equally between the parties.

Peacemaker Equity may reduce or waive filing fees where genuine financial hardship exists.

Each party is responsible for their own witnesses, travel and other personal expenses.


How the Process Works

Step 1 — Negotiation

The parties should first make a genuine effort to resolve the dispute directly and in good faith.

Where possible, people should seek peace before beginning formal proceedings.

Step 2 — Mediation

Before arbitration, the parties must participate in at least one mediation session administered by Peacemaker Equity.

Mediation may take place:

  • in person;
  • by video conference; or
  • by telephone.

The mediator is independent and impartial.

The mediator does not decide who wins or loses. Their role is to help the parties understand the issues, communicate openly and seek a voluntary resolution.

Each party should provide the documents and evidence they intend to rely upon at least 7 days before mediation, unless otherwise agreed.

The parties agree to genuinely attempt negotiation and mediation for at least 30 days before proceeding to arbitration, unless Peacemaker Equity or the parties agree that circumstances require otherwise.

Making an application

Use the Peacemaker Equity Application Form to request mediation, arbitration or Private Jury Review. The form requires the applicant to state the jurisdictional basis, each alleged breach, the evidence relied upon, the precise issues and the exact remedies sought.

  • Complete every relevant section or write “not applicable”.
  • Use a separate breach record for every distinct alleged breach.
  • Attach the signed and properly witnessed Statement of Facts and supporting annexures.
  • For arbitration, also comply with the Notice of Arbitration and affidavit requirements below.
  • Give the respondent and Peacemaker Equity the same material unless otherwise directed.

Important: Citing legislation does not itself establish jurisdiction or prove a breach. Vague or incomplete applications may be returned for clarification.

Starting Arbitration

If mediation does not resolve the dispute, either party may request arbitration.

The person bringing the claim is the Claimant.

The person responding is the Respondent.

The Claimant must provide Peacemaker Equity and the Respondent with a Notice of Arbitration containing:

  • the names and contact details of the parties;
  • a clear explanation of the dispute;
  • the important facts relied upon;
  • the remedy or outcome sought;
  • relevant documents and evidence;
  • a copy of the agreement containing the Peacemaker Equity clause; and
  • an affidavit confirming the facts relied upon.

The affidavit should clearly set out the Claimant's account in numbered paragraphs wherever possible.

Responding to a Claim

The Respondent must be given a fair opportunity to answer the claim.

Unless otherwise directed, the Respondent should provide their response within 14 days of receiving the Notice of Arbitration.

The Respondent should address the material allegations point by point and provide:

  • their response to each allegation;
  • any additional relevant facts;
  • documents and evidence relied upon; and
  • their own affidavit where appropriate.

The Claimant and Respondent must provide copies of material correspondence and evidence to each other and to Peacemaker Equity.

There should be no private submission of evidence to an arbitrator without the other party being given a fair opportunity to see and respond to it.

Affidavits

An affidavit is a written statement in which a person confirms that the facts stated are true to the best of their knowledge and belief.

Affidavits should contain facts rather than argument wherever possible.

An affidavit must be properly affirmed or witnessed in accordance with the applicable Peacemaker Equity requirements and any applicable law.

Knowingly providing false information may be taken into account when the Tribunal considers credibility and the final outcome.

Before the Hearing

Peacemaker Equity will arrange the date, time and method of the hearing.

Parties should ordinarily receive at least 7 days' notice of the hearing unless otherwise agreed.

Unless the Tribunal permits otherwise, all evidence intended to be relied upon should be provided to Peacemaker Equity and the other party at least 7 days before the hearing.

Late evidence may be accepted where fairness requires it, provided the other party is given a reasonable opportunity to respond.

The Arbitration Tribunal

An arbitration will normally be heard by three impartial arbitrators.

One arbitrator will act as the Presiding Arbitrator.

Peacemaker Equity maintains a roster of qualified arbitrators and will appoint them as required.

Where the parties jointly request a particular arbitrator, Peacemaker Equity will attempt to honour that request where reasonably possible.

Independence and Conflicts of Interest

Every arbitrator must be independent and impartial.

Any relationship or circumstance that could reasonably create a conflict of interest must be disclosed.

An arbitrator may be removed where they:

  • demonstrate partiality;
  • have a material undisclosed conflict;
  • lack independence; or
  • fail to perform their duties honestly, diligently and in good faith.

The Hearing

The hearing is intended to be simple and understandable.

The usual process is:

  1. The Claimant briefly explains their case.
  2. The Respondent briefly explains their response.
  3. The Claimant presents their evidence and witnesses.
  4. The Respondent is given an opportunity to respond.
  5. The Respondent presents their evidence and witnesses.
  6. The Claimant is given an opportunity to respond.
  7. The Tribunal may ask questions at any time.
  8. Each party is given an opportunity to make final remarks.

The Tribunal may change this procedure where necessary, provided both parties are treated fairly.

Every party must be given a reasonable and equal opportunity to be heard.

Evidence

Peacemaker Equity is intended to be less formal than a public court.

The Tribunal may consider any evidence it believes is relevant, reliable and helpful in determining the truth.

The Tribunal may consider:

  • written documents;
  • agreements;
  • correspondence;
  • photographs;
  • recordings;
  • financial records;
  • witness evidence;
  • electronic communications; and
  • other relevant material.

The Tribunal determines the weight given to each piece of evidence.

The Claimant carries the responsibility of proving their claim on the balance of probabilities.

Witnesses

A party may call witnesses who have relevant knowledge of the dispute.

First-hand evidence will generally be given greater weight than information repeated from another person.

Witnesses may be questioned by the Tribunal and, where appropriate, by the parties.

All witnesses are expected to tell the truth.

Representation

A party may ask another person to assist them, subject to the Tribunal's approval.

Legal representation is not required.

Lawyers and barristers receive no special status or preference before Peacemaker Equity. All parties and representatives are treated equally.

The Tribunal may set reasonable conditions concerning representatives to preserve fairness and the simplicity of the process.

If a Party Does Not Attend

A party cannot prevent proceedings simply by refusing to participate.

Where a party has received reasonable notice but does not attend, the Tribunal may proceed in their absence.

The Tribunal must still consider the available evidence fairly and must not automatically decide in favour of the party who attends.

The Decision

After hearing the parties and considering the evidence, the Tribunal will deliberate privately.

A majority of the three arbitrators is required for a decision.

The decision will be provided in writing and should explain:

  • the principal issues;
  • the Tribunal's findings;
  • the principles applied; and
  • any remedy awarded.

The written award should ordinarily be issued within 30 days of the conclusion of the arbitration unless additional time is reasonably required.

Remedies

The Tribunal may order any remedy it considers just and equitable within the authority given to it by the parties and applicable law.

This may include:

  • repayment of money;
  • compensation;
  • restitution;
  • fulfilment of an agreement;
  • return of property;
  • correction of conduct;
  • an apology; or
  • another equitable remedy appropriate to the circumstances.
Where reasonably possible, restoration is preferred over punishment.

Private Court — Jury Review

Where permitted by the Peacemaker Equity Rules, a party dissatisfied with an arbitration decision may apply for a review by a private jury of twelve members.

The Private Court follows the same foundational principles of truth, fairness and Biblical Equity.

The jury will consider the evidence and the arbitration decision and determine the matter by majority.

The jury decision will be final under the Peacemaker Equity process, subject to applicable law.

Confidentiality

Peacemaker Equity proceedings are private.

Parties, mediators, arbitrators, jurors, witnesses and representatives must keep confidential the:

  • evidence;
  • documents;
  • communications;
  • mediation discussions;
  • hearings;
  • deliberations; and
  • decisions.

This does not prevent disclosure where it is agreed by the parties, reasonably required to enforce an award, or required by applicable law.

Conduct

Everyone participating in Peacemaker Equity must act respectfully and in good faith.

Abusive, threatening, intimidating or deliberately disruptive behaviour will not be accepted.

The mediator or Tribunal may pause, adjourn or otherwise manage proceedings where necessary to maintain a fair and respectful process.


Biblical Equity

Biblical Equity is the spirit behind the process.
It guides Peacemaker Equity in understanding the circumstances of a dispute and seeking a just and peaceful outcome.

Truth Before Victory

The purpose of the process is to establish truth and reach a just outcome — not simply to defeat another person.

Biblical foundation: John 8:32; Proverbs 12:22.

He Who Comes to Equity Must Come With Clean Hands

A person seeking fairness should themselves have acted fairly and honestly in relation to the dispute.

The conduct of all parties may therefore be considered when determining an equitable remedy.

Biblical foundation: Matthew 18:23–35.

He Who Seeks Equity Must Do Equity

A person asking another to fulfil their obligations must also be willing to fulfil their own.

Biblical foundation: Romans 2:13; John 7:24.

Equality Is Equity

Every person stands equal before the Tribunal.

Wealth, occupation, status or influence must not determine the outcome.

Biblical foundation: Proverbs 24:23; Colossians 3:25.

Equity Looks to Intent Rather Than Form

The Tribunal may consider the true intention, substance and circumstances of an agreement rather than relying only upon technical wording.

Biblical foundation: 2 Corinthians 3:6.

Equity Assists the Diligent

People should act reasonably and diligently when seeking to protect their rights and resolve disputes.

Biblical foundation: Proverbs 10:5; Proverbs 12:24.

Good Faith and Full Disclosure

Parties must deal honestly with one another and must not deliberately conceal material information.

Biblical foundation: Proverbs 12:22; Luke 8:17.

Justice With Mercy

Justice and mercy should work together.

The Tribunal may consider repentance, accountability, forgiveness and genuine attempts to repair harm when determining an equitable outcome.

Biblical foundation: Micah 6:8; James 2:13.

Reconciliation Before Judgment

Where reconciliation is genuinely possible, it should be encouraged before formal judgment.

Biblical foundation: Matthew 5:9; Matthew 18:15–17.

Restoration Before Punishment

Where possible, the objective is to repair the wrong and restore equity between the parties rather than merely punish wrongdoing.

When These Rules Do Not Cover Something

No set of rules can anticipate every circumstance.

Where these Rules are silent, the Tribunal may give reasonable procedural directions consistent with truth, fairness, impartiality, good faith and Biblical Equity.

Both parties must continue to receive a fair opportunity to be heard.

Using Peacemaker Equity

Peacemaker Equity may be used where the parties have agreed in writing to resolve disputes through the Peacemaker Equity process.

Parties who are already in dispute may also jointly agree to submit their matter to Peacemaker Equity.

The authority of the mediator, Tribunal or jury comes from the agreement of the parties and is subject to applicable law.

Notices and Documents

Notices, affidavits, evidence and other documents should be provided to the other party and Peacemaker Equity.

Unless otherwise advised, documents may be sent to:

info@peacemakerequity.com

Electronic communication is accepted unless Peacemaker Equity directs otherwise.

Peacemaker Equity

Private mediation and arbitration guided by truth, fairness and Biblical Equity.

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