Arbitration is a process in which an arbitrator renders a decision after hearing a shortened version of the evidence.
Isn’t arbitration just like going to court?
In many ways, arbitration is preferable to court.
- Arbitration allows the parties to schedule a hearing that is convenient to them and their attorneys.
- Arbitration is more relaxed than a court hearing. This helps create a less stressful environment in which to present your case.
- Any disputed items prior to a final hearing can be quickly addressed, saving the parties valuable time and money.
- The process is confidential. Your issues will not be open to the public as they are in a courtroom.
Do we get a final order like we would in court?
- After the hearing, the arbitrator renders a decision in writing.
- Arbitration can be binding, meaning the decision of the arbitrator is final, just like the decision of a judge would be in a courtroom.
- Arbitration may also be non-binding, meaning the decision of the arbitrator is not final but serves more as a case evaluation. However, the parties may agree to adopt the non-binding decision as binding.
This sounds great. How do we start this process?
- Before parties can make use of arbitration, there must be a lawsuit pending in the Superior Court. You can then ask the Superior Court judge who is assigned the case to sign an order to arbitrate. This must be done with consent of the parties.
Have more questions about the process?