Arbitration is a form
of dispute resolution which is growing in popularity. It is a process
in which the parties volunteer to have their disputes resolved outside
of the court system. However, unlike with mediation or negotiations,
the parties are no longer attempting to reach a settlement. Instead,
they are presenting their issues in dispute to a trained professional
for a ruling. Arbitration has many benefits, including speed and expense.
The
Process of Arbitration
The
first meeting will be spent setting the “ground rules” for the Arbitration proceeding. It is at this meeting that decisions will
be made as to what issues will be presented to the arbitrator, whether
the Rules of Evidence will be applied, and when the arbitrators ultimate
decision will be rendered. Any issue can be presented to Arbitration,
but only if the parties agree.
Once
the rules are set, the arbitrator will schedule the appropriate days
of hearings during which time the parties, with their attorneys, will
present there case to the arbitrator. Once the hearings have concluded,
the arbitrator will declare the matter closed and prepare the final
decision. This decision is considered binding on the parties and can
only be appealed or set aside for very limited reasons. Because of this
limited right of appeal, it is very important to pick an arbitrator
that both parties have confidence in.
After
receiving the final decision, either party may apply to the court to
have the decision made binding upon the parties and adopted by the court,
to set aside the decision, or to modify the decision if appropriate.
Benefits
of Arbitration
Arbitration offers the following
benefits:
- Control
over the issues presented. Both parties must agree to the dispute,
as opposed to an open litigation in which either party can raise any
issues.
- Arbitration
is private. Information provided in Arbitration is not made part of
the public record.
- Not
as time consuming as a court battle. Depending on schedules, Arbitration
can be concluded within a few months, as opposed to waiting for a
trial, which in certain counties could take years.
- The
parties and the arbitrator control their schedule as opposed to being
held at the mercy of the court system.
- Not
as expensive due to effective use of attorney time.
At
Celli & Schlossberg LLC, we have years of experience in mediation
and Arbitration, and we enjoy our work. We find it very satisfying
to offer our clients these options in order to resolve their important
legal issues. If you need a trained and experience mediator or arbitrator,
CONTACT US TODAY for a consultation. Meet us, and come to realize
the benefits that our trained and experienced mediation and Arbitration
attorneys can provide.
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