Application Process
The Sikh Court is founded on a “med-arb” structure and legal framework.
The ”med-arb” structure, short for “mediation-arbitration,” is a hybrid process that combines elements of both mediation and arbitration.
Mediation Phase :
- Initially, parties engage in mediation facilitated by a Magistrate of the Sikh Court.
- During mediation, parties work together with the Magistrate to identify issues, explore options, and seek to negotiate a mutually acceptable resolution.
- The Magistrate will not impose a decision but will assist parties in reaching a voluntary agreement, providing guidance where necessary and appropriate. This includes recommending training and development courses for the parties.
Arbitration Phase :
- If mediation fails to produce a full resolution, the process transitions into arbitration.
- A Judge of the Sikh Court will be allocated to the dispute and will sit as an arbitrator. In some instances, a panel of Judges may be appointed who will sit together as an arbitral panel.
- The Judge will listen to both parties’ arguments, will review evidence presented to them, and will render a binding decision (a “Determination”) which will be enforceable in an English Court.
Legal Advice and Rights
It is essential that parties wishing to engage the Sikh Court to resolve their dispute seek legal advice beforehand.
Understanding Rights:
- Legal advice ensures Sikh Court users understand their rights and obligations, including understanding that it is a voluntary process and that either party may refuse and can pursue their dispute in the English Court.
- Sikh Court users gain clarity on the implications of their decisions and the potential outcomes of the dispute resolution process.
Limited Rights of Appeal:
- Sikh Court users need to be aware that decisions made by the Sikh Court through the med-arb process will be binding and final, subject to any limited rights of appeal under the Arbitration Act 1996.
- Therefore, it is crucial for Sikh Court users to carefully consider their options and seek legal guidance before initiating or participating in the Sikh Court.
- In summary, while the med-arb structure offered by the Sikh Court offers a flexible and efficient means of resolving disputes, parties wishing to use it should approach it with a clear understanding of their rights and the implications of their participation. Seeking legal advice ensures informed decision-making and safeguards individuals’ interests throughout the process.
If both parties are ready to make an application to the Sikh Court, please download the application form, fill it in together and submit it via email to the Sikh Court Registrar on [email protected]
Fees
| Description of Fee | Cost |
|---|---|
| Applications | |
| Joint Application Fee | £100 |
| Interim Application Fee | £50 |
| Hearings | |
| Mediation & Reconciliation Meeting (Magistrate) (1hr) | £150 per meeting |
| Mediation & Reconciliation Meeting (Judge) (1hr) | £300 per meeting |
| Joint Directions Hearing /Settlement Agreement Preparation (Judge) (1hr) | £500 |
| Final Hearing / Inquiry (Judge) | £1200 per day |
| Final Hearing / Inquiry (Bench of three judges) | £3000 per day |
Important Information
Payments are to be made to account details including your case number as a reference. The fees will be updated from time to time.