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Top : Arbitration


Arbitration: Arbitration is the process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding. Read more details about the arbitration process in this category. It is a less costly method of resolving conflict and you can learn more about it here. If you are researching various alternatives to conflict resolution, check out this category to help you choose the best method for you to resolve your conflict.

From  Paul Bielaczyc is a little more detail on the arbitration process:

What is Arbitration?

Arbitration is another Alternative Dispute Resolution (ADR) process where the parties select an attorney or a retired judge to conduct a hearing. Witnesses are sworn in, and testimony is presented. Evidence can also be offered by way of documents and writings. The same rules of evidence admissibility in court are used during the arbitration hearing. Once the case is presented by all sides, a decision of the arbitrator is provided in order to decide the prevailing party on the issues of dispute. Although arbitrations resemble trials, they offer less formal procedures and the potential for abbreviated presentation of issues.

What are the advantages of arbitration?

Similar to mediation, arbitration as an alternative to litigation can allow for the saving of time and money to resolve a dispute. The parties can set limits on discovery and the issues to be decided by the arbitrator. These limitations can affect who will testify at the arbitration and what type of evidence will be allowed. The parties have more control of the arbitration process compared to court administered litigation, including where and when the hearing will be conducted. Monetary limits can also be set preventing an arbitration award from exceeding a certain value or assuring that a minimum monetary recovery is obtained.

Are there different types of arbitration?

A dispute can be arbitrated because of the terms of a contract agreement. This type of arbitration is usually recognized as binding, where no appeal of the arbitrator decision is allowed. By contrast, a non-binding arbitration allows the parties to seek some manner of appeal, often a request for a jury or judge trial. Non-binding arbitrations more often then not arise from a lawsuit that has been filed. Many times, non-binding arbitrations give the parties the chance to test their case and obtain a neutral evaluation of the merits. This method of arbitration can lead as well to negotiation for potential settlement instead of appeal.

What are the costs and time involved in conducting an arbitration?

The fee of the arbitrator is often times similar to that of a mediator. Arbitrators regularly charge $300.00 per hour and higher. These fees are shared equally by all sides, unless another arrangement is made. Since the parties are able to limit the potential number of witnesses and the breadth of testimony, they can usually set time limits on the length of the hearing. However, the amount of time necessary to complete the arbitration is dependent upon the complexity of the dispute.

 

 

More Information On Arbitration To Address Conflicts

  • Alternative Dispute Resolution - Memoranda Preparation

    By Ronald J. Cappuccio, J.D., LL.M.(Tax) - This is an interesting read about how to prepare an ADR memoranda. This documented step-by-step process details what to include as well as what not to include in the memoranda. In summary, the arbitration memo is a brief advocay document. (Added: 1-Feb-2006 Hits: 1033 )
  • ADR Practice Synopsis

    By Adam J. Conti - Alternate dispute resolution (ADR) is simply use of a means to resolve disputes other than the traditional court and administrative forums. A nebulous and ever expanding concept, ADR encompasses a broad spectrum of activities ranging from a simple open door policy through binding arbitration of statutory claims. Intermediate ADR possibilities include an internal grievance procedure, mediation, ombudsman and peer review. A synopsis of some of the terms follows. (Added: 1-Feb-2006 Hits: 1109 )
  • Resolving Intra-Organization Conflicts

    By Jeffrey Schieberl J.D. - Learn how the practice of arbitration differs from the practice of mediation in the dispute resolution practice. See how mediation tends to be a less costly resolution method. Also, pick up some tips for understanding disputes before attempting to resolve the issues. (Added: 1-Feb-2006 Hits: 1671 )

Related Conflict and Communication Topics

 

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Pages Updated On: 14-Sep-2016 - 12:55:03


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