Arbitration

ARBITRATION is another means of ADR (alternative dispute resolution) which is also used to resolve issues while saving both time and money.

SOMETIMES mediation is not an option or a great fit for every case. Parties who decide to go through the ARBITRATION process have the opportunity to present their case to me as the ARBITRATOR and have the opportunity to ask questions of the other party as well as the ARBITRATOR asking questions of all the parties. ARBITRATION consists of opening and closing arguments and presentation of any exhibits along with questions and answers and after closing arguments I will review the information and render a decision within 48 hours. These decision are binding upon the parties.

ARBITRATION is a private, adversarial dispute resolution process in which an impartial neutral (the arbitrator) or panel of arbitrators hears arguments, weighs evidence and issues an award based on the merits after an expedited hearing. Arbitration can take any of the following forms:

  • Voluntary Arbitration: A private adversarial dispute resolution process in which the disputing parties choose one or more arbitrators to hear their dispute in an expedited hearing and to render an award that is final and binding on the parties. Arbitration offers the benefits of briefer presentations, less formal procedures, and quicker dispositions than the parties would experience in litigation.

  • Compulsory Arbitration: A non-binding, adversarial dispute resolution process that is identical to voluntary arbitration, except that the award is not binding on the parties, who my reject the award and pursue a trial de novo.

  • “Baseball” or “Final-Offer” Arbitration: In this process, each party submits a proposed monetary award to the arbitrator, who chooses one of the proposed awards based on the merits of the presented case; the arbitrator does not modify the proposed award of the prevailing party. This technique limits the arbitrator’s discretion and encourages parties to propose reasonable awards.

  • “Night Baseball” Arbitration: As with baseball arbitration, the parties propose monetary awards to the arbitrator; however, the arbitrator does not know the contents of the proposed awards. Rather, the arbitrator issues a separate monetary award and the proposed award that is closest to the amount in the arbitrator’s decision becomes binding on the parties.

  • “High-Low” Arbitration: Prior to the arbitration hearing without informing the arbitrator, the parties establish a bounded range of awards. If the arbitrator’s award falls within that range, then the arbitrator’s becomes binding on the parties; if the arbitrator’s award is outside the range, then the parties will be bound to whichever of their proposals is closest to the arbitrator’s award.
LET US GUIDE YOU THROUGH THE DISAGREEMENT

The Mediator has no decision-making authority. Instead, the mediator structures negotiations between the disputants in order to create the opportunity for them to resolve solutions. The mediator acts as a catalyst, focuses discussions, facilitates exchanges and serves as an assessor of positions taken by the parties.

When a mediation clause is included in a contract, the parties are required to meet together with a mediator in an attempt to work out a solution before anybody heads to court to file an action in court. If the parties decide to start without attorneys, the cost savings is even greater since the money spent prosecuting and defending the lawsuit has not been spent.

A mediation clause forces the parties to work together and consider ways to resolve their disagreements in a structured and private forum.

Call for your free 30-minute in-office consultation. You can depend on Jeffrey M. Bloom.