Agreement To Arbitrate Claims In Georgia
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FAQ
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
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.
Most of our arbitration hearings are conducted by two experienced attorneys and one non-attorney. Like judges, arbitrators hear arguments from both sides and decide the outcome of the dispute. Arbitrators and both parties are allowed to request reasonable discovery if/when a hearing date is set.
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.
The advantages include the following: The arbitration process is less costly and generally faster than going through the courts. Unlike in a court case, where the contested issue is heard before a judge, in an arbitration you often have a say over who will be the arbitrator.
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. 2.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.