Arbitration Case Sample With No Experience In Massachusetts

State:
Multi-State
Control #:
US-0011BG
Format:
Word; 
Rich Text
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Description

After receiving the case submission form, each party will then be sent explanatory materials and preliminary documents.
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FAQ

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.

Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.

In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.

Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.

Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.

Closing argument should tell the tribunal what actually happened at the hearing, take account of the full record as the evidence closes, and explain why the position laid out on opening was confirmed and vindicated. There can be no question that cases will develop during a hearing, sometimes substantially so.

Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.

Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.

"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.

Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.

More info

Arbitration disputes are final and legally binding at MDRS, a Massachusetts Abritration and Mediation firm in Boston and Salem. Are you and your contractor having a dispute?Arbitration might be a way to resolve it. The filing requirements for Mass Arbitrations are set out in MA-2 of the Mass Arbitration Supplementary Rules. Use a sample Motion to Compel Abritration or let the SoloSuit's software draft a customized Motion to Compel Arbitration for you. Arbitration is a type of alternative dispute resolution where a person may resolve a car accident case without spending time in court or facing a judge. There was no arbitration agreement on the issues that the arbitrator determined, the parties having agreed only to submit those items to. What is an arbitration agreement? Often, the arbitrators are experts in the subject matter of the dispute -- for example, a panel in a construction case might include an architect, a general. What's My Case Worth?

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Arbitration Case Sample With No Experience In Massachusetts