arbitration are two forms of what is known as Alternative
Dispute Resolution ("ADR"). All forms of ADR are desirable in
(a) They provide a
reasonable alternative to traditional, expensive and time
consuming litigation in which a judge makes a decision in a
formal and public forum.
(b) The parties are
motivated to focus on the resolution of the issues rather than
on trial preparation.
(c) The parties have
their "day in court", that is, a hearing and an opportunity to
tell their story and to express their view of a fair resolution.
(d) Each party has a
chance to hear a capable presentation of the other side's case,
often for the first time.
(e) A window of
opportunity is available to identify common interests and points
of agreement, and to fashion a mutually acceptable resolution,
thereby avoiding a win/lose outcome.
Arbitration is a process
in which the parties voluntarily agree to submit their dispute
to a neutral third party for final and binding resolution. The
arbitrator is selected for his or her knowledge and expertise in
the area of dispute. The hearing can be scheduled promptly,
avoiding lengthy court delays, and at a time and place
convenient to the parties and their attorneys.
Arbitration hearings are
generally not transcribed and are therefore confidential and not
subject to public disclosure. An evidentiary hearing is held,
however, the strict rules of evidence do not apply. Evidence can
be submitted by telephone, written reports, affidavits or in
other ways that simplify the process - trusting in all cases
that the arbitrator will be able to give the evidence the weight
The entire arbitration
process is informal and provides ample opportunity for the
parties to reach an agreement themselves before the arbitrator
makes a decision.
Contact Us if
you are interested in arbitration or want to learn more about
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