Arbitration is a form of Alternative Dispute Resolution that allows parties to present their side of their dispute and any evidence to a neutral third party who will then render a decision. Many people favor arbitration over costly litigation because of the financial and practical benefits it provides. Many contracts also stipulate the use of arbitration over court proceedings because of the confidentiality provided.
Arbitration is often used as a less expensive, less time-consuming alternative to court. It offers all parties the chance to make their cases clearly and without aggressive litigation tactics like interrogatories and depositions. Arbitration is generally less aggressive than litigation, and allows for more flexible scheduling, making it more possible for all parties involved to have their needs met.
During arbitration, the arbitrator’s role is similar to that of a judge in a court case. The arbitrator listens to each party’s side in the dispute, and reviews any evidence presented. When all sides have presented their part and all evidence has been evaluated, the arbitrator comes to a decision. This decision can be either binding or nonbinding. A binding decision is a legal decision and can’t be overturned by a court except in the instance of fraud or other extreme circumstances. A nonbinding decision can be rejected by the parties, who can then decide to move the dispute into court.
Carla Pennington is a trained mediator and arbitrator who is committed to approaching every dispute with equity and understanding. If you believe you could benefit from arbitration and would like to take the next step in resolving your dispute, you can contact Carla here.
The acting mediator’s or arbitrator's role is as a neutral intermediary and thus your mediator/arbitrator is not acting and cannot act as an advocate for either or any parties involved in this dispute. Prior to, during or after any mediation/arbitration process the parties acknowledge being thoroughly advised by the mediator/arbitrator to obtain legal advice and review of any agreement before signing it. --- Copyright © 2017 Arbitration and Mediation Services