A judge evaluates the arrangement to ensure it abides by state regulation. The court confirms the agreement is not essentially inequitable and clicking here fulfills all lawful criteria but does not re-evaluate the specifics of the possession department. It deals with the parties as working together in the construction of an agreement. By comparison, litigation is clearly adversarial in that each event tries to subject the other to its sights. Arbitration is created to conclude with a contract instead of a champion and loser. Find Leading Lawyers With Confidence As of 2008 Tapoohi v Lewenberg was the only instance in Australia that established a precedent for arbitrators' responsibility. Obligation can emerge for the conciliator from Obligation in Contract; Responsibility in Tort; and Obligation for Violation of Fiduciary Responsibilities.