A comprehensive list of our rules and fees.
The parties have agreed to:
All costs are in Australian Dollars
Mediation (Informal) - One Mediator
$100 Filing Fee
$80 per hour
Min 2 Hours
Arbitration (Formal) - Three Arbitrators
$500 Filing Fee
$150 per hour
Min 2 Hours
Private Court (Formal) - 12 Jury Members
$1500 Filing Fee
$600 per hour
Min 2 Hours
Who can and should use Peacemaker Equity?
Any individual who is of legal age and sound mind (or parent/ guardian of legal age and sound mind) can use the Peacemaker Equity arbitration process. Both parties must agree to the rules and have an agreement in place prior to applying for arbitration.
What makes Peacemaker Equity different?
Peacemaker Equity is more affordable, faster and less formal than a public court. An equitable resolution for all parties is much more likely using Peacemaker Equity than using the public courts. Most people have a sense of justice and fairness but this is rarely a factor in the traditional public legal system. The Public Court system is a very expensive system that tends to favour the individual with the most money.
The public legal system now has millions of laws, statutes and acts that can be applied, referenced or used to complicate a situation. This may draw out relatively simple matters and drains finances from both parties. Accordingly the process forces many to withdraw or give up simply due to their financial means. In many cases this system encourages the individuals to be difficult, unreasonable, unrealistic, dishonest and unfair in order to win. The Peacemaker Equity process is based on equity (what is fair) and favours honesty, accountability and those seeking a peaceful and equitable remedy.
Private Dispute Resolution
A signed agreement for private dispute resolution removes the ability to use a public court or judicial system until all remedies have been first sort in the Peacemaker Equity process. A Public Court can then be used to enforce the decisions made by the Peacemaker Equity.
Peacemaker Equity will maintain a roster of Arbitrators and will assign arbitrators as required by these rules.
A Party (“claimant”) shall initiate an Arbitration filing (Demand for Arbitration) with Peacemaker Equity, subject to proceeding rules A Demand for Arbitration will incur a filing fee of $100 for mediation, $500 for arbitration and $1500 for a jury trial.
An Affidavit must be provided with the Demand for Arbitration.
A copy of the parties’ contract which provides for arbitration to be administered by Peacemaker Equity.
Parties to any existing dispute, who have not previously agreed to these rules, may commence an arbitration under these rules by written request.
Arbitration cannot commence until 30 days after a Demand for Arbitration has been received by Peacemaker Equity.
Information which should be included when filing a Demand for Arbitration, include:
A Demand for Arbitration, along with the Affidavit, is to be provided to Peacemaker Equity via mail, email or personal delivery by the claimant(s) before any proceedings can begin.
Peacemaker Equity will deliver a copy of the Affidavit to the defendant(s) via mail, email or personal delivery.
The defendant(s) will be required to make their rebuttal of the claimant’s affidavit point for point.
An affidavit must be affirmed in the presence of 2 witnesses.
If 2 witnesses are not available, then a Justice of the Peace or Notary Public will suffice.
Changes of Claim
A claim may be varied at the discretion of the arbitrator(s) via a written request by the applicant.
The arbitration clause contained in an already existing contract sets out the jurisdiction and power of the arbitrator(s) to judge in a matter.
The parties have agreed to submit themselves to principles of equity contained in the Bible.
Mediation is an informal process and is not lawfully binding.
Remember; your role as a mediator is to assist the parties in reconciling their differences without having to go to a formal arbitration or jury.
It is essential that a mediator is impartial and vitally important for a mediator to never pick sides in a dispute.
A mediator must be level-headed and have control of their emotions.
A mediator should always listen and let the parties express their thoughts and feelings before the mediator speaks.
Similarly, a mediator does their part to stop the parties in the dispute from speaking over one another to maintain a healthy environment for a desired outcome.
Everyone should be given an opportunity to be heard so that they do not feel disheartened or as though they are being treated unfairly.
We must always treat people fairly, with respect and dignity.
Before mediation, it is important to let all the parties know the rules before you begin.
As you read the rules out, ask everyone if they understand the rules.
It is important that they understand that they must adhere to the rules so that the mediation is smooth and productive.
If someone is abusive, aggressive or overly hostile, then the mediation may not be effective.
Mediators should always be polite and acknowledge the cultural differences between parties. A little recognition and respect can go a long way.
Before the arbitration begins
All relevant parties on both sides of a dispute, must supply the arbitrator(s) with a detailed summary of events.
The arbitrator(s) will introduce themselves.
There should always be three arbitrator(s) in control of the arbitration, with the most senior arbitrator presiding.
Arbitrator(s) will explain the Equitable Arbitration Rules to all parties in a clear and unambiguous way.
Procedure for arbitration
The claimant(s) is given five minutes to give their explanation of the dispute, events and scenario.
Then the defendant(s) themselves will be given five minutes to give their explanation of the dispute, events and scenario from their perspective.
The evidence from the claimant(s) will then be presented.
The defendant(s) is then given an opportunity to make their rebuttal of the claimant(s) evidence.
The defendant(s) will then be given an opportunity to present their evidence.
The claimant(s) is then given an opportunity to make their rebuttal of the defendant(s) evidence.
Final remarks from the claimant and then the defendant.
If the hearing is via video conference, the parties will be placed in the lobby whilst the arbitrators discuss the evidence and make their judgement.If the hearing is via phone conference, the parties will be removed from the call whilst the arbitrators discuss the evidence and make their judgement.
If the hearing is in person, the parties will be asked to remove themselves from the arbitration room whilst the arbitrators discuss the evidence and make their judgement.
Claimant means: one who is making the claim.
Defendant means: one who is defending against a claim.
Applicant means: one who files an application.
The parties may mutually agree on the location where an arbitration is to be held. Any disputes regarding the location are to be decided by Peacemaker Equity as soon as reasonably possible.
A location can be physical of virtual.
All mediators, arbitrators and jurors must successfully complete the Arbitration in Equity course before they can be officially recognised within Peacemaker Equity.
Personnel must be qualified before they can engage in any official capacity as a mediator, arbitration or juror.
Appointment of a Specific Arbitrator(s) by a Party
If by agreement of the parties a specific arbitrator is requested or there exists a specified manner for assigning an arbitrator, that assignment shall (as far as it is reasonably possible) be followed.
Nationality of Arbitrator
Where the parties are nationals of different countries, Peacemaker Equity, at the request of any party or on its own initiative, may assign an arbitrator of a different country than that of any of the parties.
Although language is a factor, the principles applied to the arbitration process will remain the same from country to country.
Number of Arbitrators
A mediation session consists of one mediator assisting two or more parties come to a resolution via informal consent of the parties.
An arbitration consists of three arbitrators formally judging between two or more parties.
A jury trial consists of twelve jurors formally judging between two or more parties.
Any conflict of interest which has the potential to form a bias or impartiality toward a particular side of a dispute, must be disclosed as soon as is reasonably possible.
Disqualification of Arbitrator
An arbitrator must always be impartial and independent from any internal or external persuasion and shall perform his or her duties with diligence and in good faith.
An arbitrator can be disqualified if:
-lacking independence in their decision making
-refusing to perform their assigned duties with diligence and in good faith
The Peacemaker Equity Leadership Team will determine whether an arbitrator is to be disqualified.
Date, Time, and Place of Hearing
The date, time, and place for an arbitration hearing, will be decided by the arbitrator.
The parties shall respond to requests for hearing dates in a reasonable timeframe, aim for the earliest date available and adhere to the established hearing schedule.
Peacemaker Equity will notify all parties of a hearing at least 7 calendar days in advance of the hearing date, unless otherwise agreed by the parties.
A party who wants to be represented by a third party will need to first obtain permission from the arbitrator(s).
A party who intends to be represented must inform all parties in writing prior to the date of the hearing.
Use of Lawyers or Barristers
Any man or woman may request any other man or woman to assist in presenting their case before an arbitration court or a jury.
A public Lawyer or Barrister is not recognised within the Peacemaker Equity organisation and will hold the same status as another man or woman.
In most cases the use of a Lawyer or Barrister to assist, will provide no additional favour.
Assistance from a Lawyer or Barrister is strongly discouraged within the Peacemaker Equity arbitration process.
Do I need to have legal knowledge or assistance?
No, legal representation is not required and is discouraged as this provides no additional assistance in the process.
The arbitrator(s) may postpone a hearing if the parties agree or upon the arbitrator’s own discretion.
Arbitration in the Absence of a Party
An arbitration may proceed in the absence of any party or representative who, after due notice, fails to present themselves.
The party who is present must submit the relevant evidence for the arbitrator(s) to make a judgement.
Conduct of Proceedings
The claimant will present their evidence first to support their claim.
The respondent then presents their evidence to support their defence.
Witnesses for each party shall also submit to questions from the arbitrator(s) and the adverse party.
The arbitrator(s) may vary this procedure so long as the parties are treated with fairness.
All parties have the right to be heard and given a fair opportunity to present their case.
Equal opportunity should be given to all parties to adequately present their evidence.
Any man or woman may call upon any other man or woman as a witness provided they have first-hand knowledge of the circumstances or case at hand.
The parties may provide any evidence which they believe is relevant to the dispute.
The arbitrator(s) may request specific evidence they believe in good faith is necessary to determine an equitable judgement.
Evidence should, if possible, be disclosed in the presence of all the arbitrators and parties.
If a party is absent, the arbitrator(s) will exercise discretion in determining the disclosure of any evidence.
Serving of Notice and Communications
Any documentation such as: notices, statements or any other form of correspondence relating to a dispute, may be served on a party or their representative by mail or delivered in person at the last known address, provided such documentation is received prior to a hearing to allow for a reasonable opportunity to be heard.
Where all parties and the arbitrator(s) agree, documentation may be transmitted by e-mail or other methods of communication.
Any documentation which is served on a party must also be provided to Peacemaker Equity as prior to the relevant hearing.
Failure to provide the other party with copies of communications made to Peacemaker Equity or to the arbitrator(s) may prevent the Peacemaker Equity or the arbitrator(s) from acting on such documentation or correspondence.
An arbitration with Peacemaker Equity will consist of three arbitrators, whereas a jury trial will consist of twelve jurors.
A majority decision is required for a judgement to be binding.
Time and form of Award
An award date shall be set no later than 30 days from the date of the official judgment by the arbitrator(s), except with the agreement of the parties and with the discretion of the arbitrator(s).
The form of the award shall be in writing and signed by the majority of the arbitrators.
Scope of Award
If a remedy is required, the arbitrator(s) may allow any just and equitable remedy that the arbitrator(s) deem appropriate.
The arbitrator(s) should evaluate the fees, expenses and any compensation to be determined in the final award.
The parties may consent to specific terms of the award at any time prior to the final award being granted by the arbitrator(s)
Peacemaker Equity may reduce or waive the filing fee in cases where one or more of the parties are in financial hardship.
The claimant(s) are required to pay the filing fee into Peacemaker Equity trust account at least seven days prior to a hearing date.
Parties will pay for expenses for their own witnesses, including their travel, accommodation and food.
If the arbitrator(s) request special proof or witnesses, then the expense accrued will be borne equally by all parties.
In most cases, a hearing should take no longer than one day.
All parties shall have the same opportunity to be heard and to present their evidence.
Equity and fairness in judgement is of the highest priority.
Variables and Leadership discretion
Any controversy(s) or extraneous variables which are not accounted for within these rules will be quantified and corrected at the discretion of the Arbitration Leadership Team.
Biblical Equity is the Spirit behind the Law and basis by which Peacemaker Equity arbitrators discern the context of the contest and apply their judgement.
He who comes to equity must come with clean hands
This principle relates to the former conduct of the parties and states that the person who comes to the court seeking equity must not have been involved in an inequitable act himself in the past. This maxim is concerned with the past behaviour of the claimant.
Matthew 18:23 Therefore is the kingdom of heaven likened unto a certain king, which would take account of his servants.
24 And when he had begun to reckon, one was brought unto him, which owed him ten thousand talents.
25 But forasmuch as he had not to pay, his lord commanded him to be sold, and his wife, and children, and all that he had, and payment to be made.
26 The servant therefore fell down, and worshipped him, saying, Lord, have patience with me, and I will pay thee all.
27 Then the lord of that servant was moved with compassion, and loosed him, and forgave him the debt.
28 But the same servant went out, and found one of his fellow servants, which owed him an hundred pence: and he laid hands on him, and took him by the throat, saying, Pay me that thou owest.
29 And his fellowservant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all.
30 And he would not: but went and cast him into prison, till he should pay the debt.
31 So when his fellowservants saw what was done, they were very sorry, and came and told unto their lord all that was done.
32 Then his lord, after that he had called him, said unto him, O thou wicked servant, I forgave thee all that debt, because thou desiredst me:
33 Shouldest not thou also have had compassion on thy fellowservant, even as I had pity on thee?
34 And his lord was wroth, and delivered him to the tormentors, till he should pay all that was due unto him.
35 So likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses.
He who seeks equity must do equity
This maxim states that a claimant is obligated to perform his duties following the principles of equity. This maxim is concerned with the future conduct of the claimant. This maxim applies to the party who seeks equitable relief as it stipulates that the claimant must recognise and acquiesce to the equitable rights of the opponent.
Romans 2:13 (For not the hearers of the law are just before God, but the doers of the law shall be justified.
Matthew 23:25 Woe unto you, scribes and Pharisees, hypocrites! for ye make clean the outside of the cup and of the platter, but within they are full of extortion and excess.26 Thou blind Pharisee, cleanse first that which is within the cup and platter, that the outside of them may be clean also.27 Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, and of all uncleanness.28 Even so ye also outwardly appear righteous unto men, but within ye are full of hypocrisy and iniquity.
John 7:24 Judge not according to the appearance, but judge righteous judgment.
Matthew 7:15 Beware of false prophets, which come to you in sheep's clothing, but inwardly they are ravening wolves.16 Ye shall know them by their fruits. Do men gather grapes of thorns, or figs of thistles?17 Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit.18 A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.19 Every tree that bringeth not forth good fruit is hewn down, and cast into the fire.20 Wherefore by their fruits ye shall know them.
Equity follows the law
This maxim can also be expressed as “aequitas sequitur legem”, which means that equity will not allow a remedy that is contrary to the law.
Matthew 5:17 Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil.18 For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled.
Romans 3:31 Do we then make void the law through faith? God forbid: yea, we establish the law.
Equity assists the vigilant and not those who sleep on their rights
The maxim for this principle is “Vigilantibus non dormientibus aequitas subvenit” which means that Equity assists the vigilant and not those who sleep on their rights.
Proverbs 10:5 He that gathereth in summer is a wise son: but he that sleepeth in harvest is a son that causeth shame.
Proverbs 12:24 The hand of the diligent shall bear rule: but the slothful shall be under tribute.
Proverbs 13:4 The soul of the sluggard desireth, and hath nothing: but the soul of the diligent shall be made fat.
Equality is equity
The maxim for this principle is “Aequitas est quasi aequalitas” which means equity is equality. This maxim implies that as far as possible, equity strives to put the competing parties on an equal level. Other jurisdictions may give one party advantage over the another. In a court of equity, all the parties should be on an equal footing.
Proverbs 24:23 These things also belong to the wise. It is not good to have respect of persons in judgment.
Galatians 3:28 There is neither Jew nor Greek, there is neither bond nor free, there is neither male nor female: for ye are all one in Christ Jesus.
Proverbs 28:21 To have respect of persons is not good: for a piece of bread that man will transgress.
John 13:16 Verily, verily, I say unto you, The servant is not greater than his lord; neither he that is sent greater than he that sent him.
Collossians 3:25 But he that doeth wrong shall receive for the wrong which he hath done: and there is no respect of persons.
Equity looks to the intent rather than the form
This principle behind this maxim is that the terms of a contract can be interpreted by considering the motive or the spirit of the parties engaged in a contract. The intentions of the parties when drafting or entering a specific contract is fundamental when appealing to equity for a just resolution in judgement.
2 Corinthians 3:6 Who also hath made us able ministers of the new testament; not of the letter, but of the spirit: for the letter killeth, but the spirit giveth life.
Mat 5:27 Ye have heard that it was said by them of old time, Thou shalt not commit adultery:
Mat 5:28 But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart.
2 Corinthians 3:3 Forasmuch as ye are manifestly declared to be the epistle of Christ ministered by us, written not with ink, but with the Spirit of the living God; not in tables of stone, but in fleshy tables of the heart.
Psalms 51:17 The sacrifices of God are a broken spirit: a broken and a contrite heart, O God, thou wilt not despise.
Equity imputes an intention to fulfill an obligation
This maxim means that a person who is obligated to do a specific act to and the person does another act which fulfills the obligation in substance, then the act is considered as done.
“Wherever a thing is to be done either upon a condition, or within a time certain, yet if a recompence can be made which agrees in substance, though perhaps not in every formal circumstance, such a recompence shall be good, and shall go in satisfaction of the thing covenanted to be done.
”Lechmere v Lady Lechmere 1735