At the arbitration hearing, the parties present their case to the arbitration panel and the arbitrators make a monetary award based on the evidence. The Illinois Code of Civil Procedure, Illinois Supreme Court Rules and the established rules of evidence all apply in arbitration hearings.
Because the United States is a federal system, arbitration legislation exists at both the federal and state level. The primary federal statute governing arbitration is the Federal Arbitration Act (the “FAA”).
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.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
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.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
Arbitration is a mandatory but non-binding informal hearing where a neutral arbitrator, or panel of arbitrators, is selected to hear the evidence in your case. Arbitrators are knowledgeable, impartial practicing attorneys or retired judges.