Arbitration is an alternative dispute resolution (ADR) process that can be used instead of going to court. This guide will provide information on the arbitration process, including when it should be used and what to expect.
Understand the Definition of Arbitration.
Arbitration is a legal process through which disputes are resolved outside of the court system. It involves a neutral third party, known as an arbitrator, who conducts hearings, listens to arguments from both parties, reviews evidence, and makes a decision that is legally binding on all parties. Parties can agree to use arbitration for any type of dispute ranging from business disagreements to personal injury claims.
Examine the Different Types of Arbitration.
In general, parties have five different alternatives when it comes to arbitration. They include binding arbitration, non-binding arbitration, voluntary binding arbitration, less formal arbitration procedures, and mediation-arbitration. Depending on the specifics of the dispute and other factors that the two parties must agree on to begin the process, one or more of these types of arbitrations might be appropriate. It is important that parties consult with a lawyer who specializes in arbitration or dispute resolution in order to make sure that a suitable type of procedure is agreed upon for their particular case.
Understand the Pros and Cons of Using Arbitration as a Dispute Resolution Tool.
At their core, both arbitration and court trials are designed to provide a neutral and safe forum for parties in a dispute to reach an agreement or resolution. They each have advantages and disadvantages for the disputing parties. Arbitration can be less expensive than a court trial and is usually faster, allowing parties to quickly move on from their dispute. On the other hand, some argue that arbitration may limit certain legal rights of individuals compared to going through the traditional courts process. It is important for any party considering either option to understand the differences and make sure they choose the best course of action for their situation.
Prepare for an Arbitration Hearing by Gathering Evidence and Necessary Documents.
Before a hearing takes place, the parties must prepare their arguments and provide evidence such as documents, photographs, or other items demonstrating their position. Witnesses may also be called upon to give testimony. All documents and witness testimonies should be prepared prior to the hearing and provided in advance if possible. After all evidence has been collected and reviewed by both sides, the parties are ready for the arbitration hearing.
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