Arbitration Cases

Arbitration is a form of Alternative Dispute Resolution in which the parties work out the disputed issue without going to court. An impartial third party, known as an Arbitrator, is chosen by the parties to listen to their case and make a decision. The meeting takes place outside court, but is much like a hearing, in that both sides present testimony and evidence. As arbitration has been set as a method of relieving the congestion of court calendars, the decision the arbitrator makes is almost always final, and the courts will only rarely reconsider the matter.

⇒ Mandatory Arbitration
In some cases, mandatory arbitration may be ordered by the court. In mandatory arbitration, a single arbitrator usually hears the case. If arbitration is voluntary, the parties may agree to a single arbitrator, or choose a panel of arbitrators. The arbitrator in a voluntary case is chosen, or agreed upon, by the parties. If the parties cannot come to an agreement, the court may assign an arbitrator.

⇒ The Arbitration Process
The arbitration process begins when one party files a claim, detailing the dispute, including the individuals or entities involved, dates, and type of relief sought, whether monetary, interest, or specific performance. The party filing the claim is called the “Claimant,” and the party against whom the claim is filed is called the “Respondent.” The Respondent then files a written Answer, specifying the facts and defenses to the stated claim.

An Arbitrator is then selected by the parties. This may be a single arbitrator the parties have approved of, or an arbitration panel, usually made up of three or more arbitrators, to which the parties have agreed.

The arbitration process then proceeds much in the same manner a court case would, with a prehearing conference, which may occur by phone, and “discovery,” which is the exchange of documents, information, and evidence between the parties.