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Typically, arbitration begins when two parties agree to settle their dispute through arbitration. The decision may also have been made for them by the addition of an arbitration clause to a contract that both parties have signed.
A party may also challenge the enforcement of an arbitration clause in a contract on the grounds that it violates Connecticut public policy. A Connecticut court may void any contract that violates public policy (see Hanks v.
There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.
Employment Arbitration A $750 administrative fee, administration expenses, the arbitrator's fees, and expenses are payable by the employer unless the employee elects to share them (to promote neutrality or preserve the relationship with the employer), or the claim is found to be patently frivolous.
Binding arbitration means that the disputing parties must adhere to the arbitrator's decision and usually cannot appeal the decision to a court. A typical arbitration involves some discovery, presentment of a statement of the case, and a hearing followed by a decision.
Arbitrator fees normally range from about $1000 per day (per diem) to $2000 per day, usually depending upon the arbitrator's experience and the geographic area in which he or she practices.
How much does Arbitration cost? The per diem cost for an Arbitrator is noted on the written arbitrator designation letter. The current maximum per diem is $1,500.
Parties to a contract agree to have their case reviewed by a third partycalled an arbitratorand to be bound by the arbitrator's decision. Mandatory binding arbitration often requires the parties to waive specific rights, like the right to sue and the right to appeal any decision.
It usually takes several months for parties to do the necessary discovery and other work to prepare for an arbitration. The hearing itself will last anywhere from one day to a week or more.
The arbitration process usually starts with the complaining party giving notice to the other about their intent to arbitrate a dispute. The notice includes the nature and basis for the proceeding. Following this notice the other party has a period of time to file a written response.