Arbitration is similar to going to court, but is usually faster, cheaper and less complex than litigation. Mediation is an informal process in which a trained, impartial mediator facilitates negotiations between disputing parties, helping them find a mutually acceptable solution.
Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. Once the arbitrator makes a decision, it's usually final unless there was a substantial legal oversight.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
There must be an arbitration agreement or an arbitration clause between the parties; A party to the arbitration agreement files a case against the other party before the judicial authority; The subject matter of the case so filed must be the same as the subject matter of the arbitration agreement;
Arbitration is often used to resolve disputes in labor and employment matters. For example, an employee might file a grievance with his or her employer, alleging that the employer has violated the terms of the employment agreement.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day.
Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the “arbitration agreement”) between them and the other parties to the dispute that the dispute may be referred to arbitration.