What is the Appointments Service?
You can request the Chair of the Bar to appoint a barrister to arbitrate, mediate or make an expert determination to resolve or assist to resolve the dispute. This can help you to resolve a dispute without starting court proceedings.
How does it work?
Once you make a request to our Services team to make an appointment, they will refer this onto the Appointment Services Panel, made up of experienced barristers and clerks, who will select a shortlist from a database of barristers and present them to the Chair to make their decision.
What does the appointment of an arbitrator, mediator or expert determiner mean?
Arbitration, mediation and expert determination are forms of alternative dispute resolution (ADR). ADR is a way to resolve disputes without going to court. They are often seen as a cost-effective alternative to court hearings.
- Mediation is when a neutral third party facilitates a conversation between two parties to reach a solution all agree to. A resolution reached in the mediation is not binding unless contractually agreed between the parties
- Arbitration is when a neutral third party makes a decision on a matter after considering all points from the parties involved. An award issued in an arbitration is binding on the parties
- Expert determination is when a neutral third party is appointed to make a determination on a specific question (usually legal or technical) which the parties agree to be bound to
How to make a request
To request the Chair of the Bar appoints an arbitrator, mediator or expert determinator please email our team at: [email protected], please include either:
- The document containing the relevant arbitration, mediation or expert determination agreement, ensuring that it refers to the appointment of an arbitrator, mediator or expert by the Chair of the Bar
Or
- A letter signed by the parties stating that they jointly agree that the Chair of the Bar may appoint an arbitrator, mediator or expert on their behalf
Price
The fee for this appointment is £500 +VAT for which you will be invoiced.
If you are a Bar Representation Fee subscriber, the making of an appointment by the Chair of the Bar is free. This service is only free if you have a dispute against chambers or another member within your set. This service is not free if you have a personal dispute against a third party.
The Chair of the Bar’s role is purely to an appoint a barrister to act as an arbitrator, mediator or expert. The Chair of the Bar and all other employees of the Bar Council are not able deal with any issues raised by any party relating to the jurisdiction of the arbitrator, mediator or expert, or otherwise. They will not be able to provide any party seeking to use the Appointments Service with legal advice or guidance relating to their dispute, or to any other matter.
All appointments are made on the condition that neither the Bar Council nor the Chair of the Bar nor any of their officers, agents, employees or members shall have any liability in respect of any loss, remedy or damage suffered or otherwise incurred by any party and or other third parties howsoever arising, or through any indirect or consequential loss, in connection with the appointment. This includes but is not limited to liability in respect of the validity, appropriateness or effectiveness of the appointment, the discharge by the appointee of his duties and functions, or the payment of any fees or expenses associated with the appointment.
If you make a request for an appointment to be made by the Chair of the Bar then your data will be collected and processed in accordance with our Privacy Statement and relevant Data Protection Legislation, including the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) (the GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK.
Request a template clause/agreement
Anyone can request a template clause to be included in a constitution, written agreement or otherwise. We have three templates: arbitration, mediation or expert determination. All three make reference to an appointment by the Chair of the Bar.
For a copy of any template email [email protected] or call +44 (0)207 611 1321.
Please note that all three templates have been prepared by the Bar Council to assist barristers and third parties with the preparation of written agreements and that they do not comprise, and cannot be relied on as giving, legal advice. They have been prepared in good faith and neither the Bar Council nor any of the individuals responsible for or involved in their preparation accept any responsibility or liability for anything done in reliance on them.
Contact us
For further information, email our Services team on [email protected] or call +44 (0)207 611 1321.
If you have any concerns relating to the administration of the service, or you would like to find out more, please contact us. We carefully monitor the feedback that we receive about the Appointments Service from service users and participants.
Join our database of arbitrators, mediators and experts
If you are interested in becoming an arbitrator or mediator, please apply to join our database of experts.
