How To Use The Arbitration Process To Settle Your Case

The court process that most people are familiar with is litigation. Many types of cases are debated in the U.S. legal system and decided according to the law. Today, many cases are being settled through the arbitration process as a means to get an outcome in a shorter period of time and at a lower cost. This method of dispute resolution requires a neutral third party who listens to the opinions of both parties and determines a fair outcome. A good choice in arbitrators who is experienced and familiar with U.S. laws which apply to a wide range of businesses is Steven A. Certilman at Certilman.com. The decision obtained from arbitration is usually just as final and legally binding as litigation but without the long delay to obtain a result that neither party is happy with.

 

How to Start Arbitration

 

•           Find a qualified and experienced mediator with a successful track record

 

•           File a statement of claim that includes the facts of the dispute and the remedies that you want to obtain or answer a claim submitted by the opposing party

 

•           Meet with the other party and the arbitrator, either in person or on the telephone, to find resolutions to preliminary issues and schedule hearing dates

 

•           Exchange information and documents, in a process known as discovery, to prepare for the hearings

 

•           You and anyone else involved in the case will meet with the arbitrator(s) for the hearing where you will present your arguments and any evidence that is pertinent to your case

 

•           The arbitrator(s) will consider the facts presented in the case and provide a written decision, or award.

 

Most of the time, mediation is used for civil cases and family law matters while arbitration is used for business disputes. When considering an arbitrator, it is important to look for one who has the experience needed to understand the specific area of business that the case relates to. Since courts rarely overturn the decision of an arbitrator, it is important to make the right choice from the start. Choosing an arbitrator to negotiate the arbitration process is different from hiring a lawyer as the arbitrator is a neutral third party who works to find a fair solution to both sides.

 

Advantages of the Arbitration Process

 

The efficiency of arbitration also makes it more cost-effective, a feature that most businesses are going to appreciate. It also requires less time and energy to prepare for than a full-blown court case. Many people also find that the privacy of the hearing is more beneficial than having the details of the dispute presented in front of an entire courtroom or published where others can access them.

 

Another big advantage to the arbitration process is that you don’t leave the hearing worrying about the other side appealing the award. Courts are encouraging cases to be managed through arbitration as a means to reduce the court load on the dockets and the long delays that many people and businesses have to contend with. The finality of arbitration means that there will be no appeal unless there is obvious fraud or corruption.