Arbitration is a form of dispute resolution intended to resolve disputes outside of the courtroom. Arbitration is typically more affordable than litigation, involving more limited discovery and procedural rules that are tailored to the parties at issue.
When an individual or business signs a contract with an arbitration clause, these parties agree to arbitration. On the other hand, parties can voluntarily choose an arbitration hearing to resolve their dispute. While most arbitrations do not require parties to use a lawyer, you should strongly consider it. An arbitration attorney can perform many different services to assist their clients.
Comparing Mediation, arbitration is meant to be binding. Arbitration can be required as a condition of entering into a business deal. The parties agree at that time or later upon identifying a dispute to engage in binding arbitration whereby they will submit their case before a neutral, third-party arbitrator (or a panel of arbitrators).
Arbitrators are usually retired judges or other seasoned attorneys. The arbitrator, like a judge, will hear both parties’ arguments and facts from each side, make decisions regarding procedure and evidence, and render an adamant decision to resolve the situation. The decision from the arbitrator will bind the parties if otherwise there are grounds to challenge the arbitrator’s decision in litigation.
Although the process sounds much the same to litigation, it is aimed to be much more streamlined. Frequently, discovery is restricted, as is the use of witnesses. The case will be decided by the arbitrator rather than by a jury, meaning the parties can tailor their arguments for a more knowledgeable jurist. The rules and scope can be intended by the parties and the arbitrator, rendering the process faster, more affordable, and easier than traditional litigation. The parties can also decide who will pay for the arbitrator’s services–typically, either a cost shared between the parties or hefted by the party with more resources in the event of, for instance, arbitration between a consumer and a service provider.
The discovery of an arbitrator, such as an arbitral award of injuries, does not gain the instant force of law as would a court order. If the parties come to an agreement to enter binding arbitration (as in opposition to entering court-ordered arbitration), then the arbitrator’s decision works as a contract until further steps are taken. In order to successfully enforce the award, the winning party must appeal to a court to enforce the award within the suitable time frame. Only after a court orders the award to be enforced will the arbitral award carry the heaviness of law.
There are different rules that apply to enforcing awards subject to the California Arbitration Act (CAA) vs. those subject to the Federal Arbitration Act (FAA). Based on the location of each party and other considerations, your arbitration may trigger either or both California and federal law. In order to ensure that your award is indeed binding, it’s vital to retain knowledgeable and effective commercial arbitration counsel.
As part of a case evaluation, an arbitration lawyer will roughly calculate the costs and decide whether arbitration is appropriate from a financial perspective. While the arbitration process costs less than a trial, arbitration costs are not insignificant and typically your appeal rights are very limited. Generally speaking, the costs of arbitration include filing fees, administrative fees, and arbitrators’ fees. Most of these costs are based on the amount in dispute. Legal costs also need to be paid if hiring an arbitration lawyer.
There are examples where the client has a worthwhile arbitration case but is not willing or able to fund it. In these situations, arbitration law firms can help their clients secure funding from a third party.
Arbitration is a type of alternative dispute resolution where each party presents its case to an appointed arbitrator (or panel of three arbitrators). The arbitrator is an impartial third party who is either a lawyer or professional with subject matter expertise. In most cases, both parties have control over selecting the arbitrator(s), usually based on a process specified in the arbitration clause.
The parties also have control over the scheduling of an arbitration hearing. Unlike a trial, which can take years to commence, arbitration can be scheduled as soon as the parties are ready, sometimes within months. While trials are public proceedings, arbitrations are private cases. For businesses that value privacy, arbitration provides a significant advantage over litigation.
Furthermore, arbitration rules are less lenient than those governing litigation. For instance, the rules of evidence are typically not as strenuously enforced. Approximately, each side confers evidence to the arbitrator, the arbitrator will consider the evidence and reach a final decision, known as an arbitration award.
An arbitration lawyer has extensive experience with trying arbitrations and helps their clients navigate the process. Arbitration procedures can be time-consuming and even sometimes complex to complete, especially without assistance from counsel. Arbitration lawyers can assist their clients with every phase of arbitration, which include the following:
Similar to a trial, parties in arbitration can use witness or expert testimony to strengthen their cases. Most arbitrations include a discovery phase, where informal and limited discovery may be permitted. Counsel also may overthrow witnesses as part of the discovery process.
At these oral hearings, an arbitration attorney can put on evidence and audit the other party’s witnesses or experts. These cross-examination, rendered by experienced arbitration attorneys, can collect valuable evidence for your matter.
The utilization of experts and witnesses to support a case is typical in an arbitration meeting, especially for arbitrations. With their network management expertise, an arbitration lawyer can provide remarkable value for this step in the arbitration process. Specifically, they can:
ASSIST CLIENTS WITH FINDING RELEVANT WITNESSES AND CREDIBLE EXPERTS
ANSWER QUESTIONS FROM EXPERTS ABOUT THE FACTS OF THE CASE TO HELP THEM PREPARE THEIR REPORTS
HELP WITNESSES WITH THE PREPARATION OF THEIR STATEMENTS (WITHOUT PREPARING THEM ON BEHALF OF WITNESSES)
In addition to securing experts and witnesses, arbitration attorneys can prepare them for auditing purposes.
While both parties are contractually obligated to pursue arbitration by arbitration clauses, sometimes a party will refuse to comply. There are also examples where the losing party fails to comply with paying an arbitral award. These situations necessitate hiring an arbitration lawyer to help enforce your arbitration rights.
When a client needs an arbitration clause or arbitral award enforced, arbitration lawyers will seek to file a court pleading. An arbitration lawyer may also help you contest an arbitration award if required.
There are two different types of arbitrations: binding and nonbinding. Binding arbitration mandates the parties to accept the arbitrator’s decision as final, while nonbinding arbitration allows either party to refuse an award, but that process might facilitate resolution. Most contracts include a clause for mandatory binding arbitration, and arbitration is usually binding unless the parties agree to nonbinding arbitration in advance.
You should strongly contemplate hiring an arbitration attorney if your business is involved with mandatory binding arbitration. Binding arbitrations are very complex to appeal, meaning that the decision is likely final. Arbitration attorneys have the procedural expertise and legal understanding to assist you through mandatory binding arbitration proceedings, giving your company the best chance of a favorable result.
If you have a business dispute that needs to be arbitrated, having an arbitration attorney can make the process much easier. However, finding capable representation is not easy.
For competent and experienced arbitration lawyers, contact Law Mart today at (310) 894-6440.
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