Terms
Arbitration
Arbitration is a form of alternative dispute resolution that allows two parties to settle some civil dispute without going to court. Arbitration is like a trial except that it is less formal and there is no jury. Arbitration can be used to settle legal cases that are civil in nature; they cannot be used to settle criminal cases. During arbitration both parties in a civil case will present their case to a neutral third party (the arbitrator) who will consider the merits of each side and render a final and binding decision.
When there is some dispute between two parties involving some non-criminal matter, the case is considered civil in nature. Family law cases, such as divorce or child custody proceedings, are the most common type of civil case that arbitration is used for.
Other examples of civil cases which may be handled through arbitration in certain cases include, but are not limited to: personal injury cases, defective drug or product injuries, wrongful death, breach of contract, and the like. In a civil case, the petitioning party (the plaintiff) is typically seeking some monetary award intended to compensate them for losses caused by the respondent (the defendant). This award can be determined through arbitration in some cases.
Arbitration is never mandatory in a civil case unless a judge orders this form of dispute resolution. In any civil case where the law allows arbitration as a form of alternative dispute resolution, the two parties can decide to use this method before the specified court date. Typically if arbitration is chosen, certain documents will have to be submitted to the court within a specified time frame.
An arbitrator, or the neutral third party who hears arbitration cases, is usually a lawyer or a retired judge. Different jurisdictions may have a slightly different process for determining who the arbitrator will be in a given case. In some situations, both the plaintiff and the defendant are given a list of arbitrators in their area and may seek information about their background though they cannot contact them directly. Each party maybe able to submit some information on preference before arbitration begins.
Arbitration can take approximately three hours and is usually free unless this time is significantly exceeded. During arbitration each party, their respective attorneys, and sometimes even witnesses will meet with the arbitrator. The arbitrator will hear the case and decide who is responsible and what money will be paid. The decision rendered in arbitration is typically binding to all parties, though in some cases the option to go to trial may still be available.
If you have decided to handle your case through arbitration, it is important to have strong legal representation to ensure that your interests are protected. If you are involved in a civil case and wish to learn more about arbitration and other types of alternative dispute resolution options, please contact us to speak with a qualified and experienced attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
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