What is  Arbitration

     Arbitration is a private, confidential adversarial process where the parties present evidence to a neutral decision maker (the arbitrator) who renders a written decision, called an award.  The award may be binding or non-binding, depending upon the agreement between the parties. 

Will Arbitration Benefit You?

• Informal Setting - held at arbitrator's office, or conference room

• No public record of the arbitration hearing is filed

• Time Saving - usually completed in less time than a lawsuit and at a much reduced cost

• It is usual that the conclusive judgment - if binding, as presented by the Arbitrator is the final decision

• You will have adequate occasion to present evidence and witnesses

What is the role of the Arbitrator?

     An arbitrator is a neutral, impartial third party who has no personal or professional relationship or affiliation with either party or their counsel and has no stake in the outcome of the dispute.  The arbitrator serves as a decision maker.   After hearing from the parties, legal counsel, witnesses, and reviewing all of the evidence presented, the arbitration issues a written decision (the award).  The award may be binding and enforceable in court.

     Arbitration can be conducted by a single arbitrator, the cost of which is shared typically by both parties.  Alternatively, arbitration can be conducted by a panel of three arbitrators, one chosen by each party and one chosen by both parties.  In the case of more than one arbitrator, each party bears the cost of their selected arbitrator plus one-half of the cost of the mutually accepted arbitrator.

How To Prepare For Arbitration   Understand the procedures the arbitrator will use to conduct the hearing So the arbitrator can prepare for the hearing, present a brief ( a outline of your position) to the arbitrator at least 48 hours before the hearing Prepare an opening statement Distinguish the factual and legal issues in dispute to be presented Scrutinize the evidence and testimony which will support your position on each issue You will find it advantageous to appraise carefully the evidence and testimony in opposition of your position on each issue to be presented. It is helpful to provide copies of any documents or other evidence you may want to present at the hearing You may bring witnesses, but you must prepare them prior to the hearing Have a closing statement prepared before the hearing