Win Rate: Consumers prevailed in 41.7% of arbitrations that terminated with awards compared to 29.3% of litigations that terminated with awards. Employees prevailed in 37.7% of arbitrations that terminated with awards compared to 10.8% of litigations that terminated with awards.
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.
You can always agree to arbitration later if your lawyer advises you it's a good choice in the particular situation you find yourself in. There's no benefit to you in doing so months or years ahead of time.
There are several stages of arbitration that parties must go through. The first stage is the pre-arbitration stage, in which the parties agree to arbitration and select an arbitrator. The second stage is the pre-hearing stage, in which the parties prepare for the hearing.
What is insurance arbitration? Insurance arbitration occurs when an arbitrator—either a person or organization—steps in to settle a case and make a decision about how it's going to be resolved. The decision, called the arbitration award, then (typically) rules in one party's favor.
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 – A statutory method of resolving disputes between parties, by which disputes are referred to an impartial third person for resolution; a substitute for jury and judge. Arbitrator – The professional who makes a decision based on the evidence and testimony presented by the claimant and the respondent.
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.
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.