Arbitration Services in San Jose, CA
What is arbitration?
Arbitration is a form of dispute resolution which takes place outside of a court. Two or more parties involved in the dispute agree to discuss the case with what is commonly referred to as an arbitral tribunal; a panel of one to three people who are not directly involved in the case who are trusted to make unbiased decisions regarding the dispute.
Before commencing discussions, all disputing parties agree to respect the decision of the arbitral tribunal and to carry out any orders given at the end of proceedings.
Is arbitration a good choice?
It depends. There are pros and cons. Compared to traditional courts, arbitration can offer the parties involved a huge amount of flexibility in terms of who is involved, when and where proceedings take place, etc.
- Is arbitration less costly than litigation? Again, it depends. Arbitration is not cheap. Many Arbitrators charge thousands of dollars a day for their services. This includes time spent hearing your matter, but also time spent reading papers and letters and deciding motions, issuing orders and instructions. On the other hand, taking a case to court is also an expensive and often more lengthy process. Some studies show that the time to resolve a case through arbitration is much shorter than resolution through litigation. The point being, that either process may be just as expensive as the other but, again depending on the issues, arbitration may be resolved sooner thereby cutting costs in the long run. Each case must be decided on its own merits.
- Another important consideration is, what happens after the arbitrator issues his or her decision? In most cases any order made by the arbitrator is as binding as one made by a state or federal court. Should a disputing party wish to dispute decisions or verdicts reached in a court of law, they can appeal that decision to a higher court. Not so with an arbitrator’s decision. With few narrow exceptions, the arbitrator’s decision is your last stop.
So, if you need help with dispute resolution and you believe that arbitration could be the solution for you, don’t hesitate to contact us to discuss your case in further detail.
Contact us for arbitration advice today.
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