Arbitration Services:

Arbitration is a process where the parties have agreed, usually by contract, that in the event of a disagreement which they cannot resolve, they will bring the conflict to a neutral party who is not in the normal court process.  They are looking for a quick resolution to the disagreement and need someone to make for them a decision which they cannot negotiate.  The role of arbitrator, like the role of mediator, requires an impartial neutral party.  This person acts like a judge or is one neutral on a panel of neutrals.  They hear the evidence and make a decision, either written or oral, depending on the parties’ requirements.

Depending upon the contract which requires arbitration or on the amount or complexity of the controversy in question, the parties will usually have a pre-arbitration conference to determine the exchange of information prior to the arbitration date.  Emphasis is placed on the most important document exchange, as arbitration should be more expeditious than a court process.  It should not be a replica of a court proceeding. 

The nature of the presentation of the case is similar to a court proceeding.  Each side presents witnesses and exhibits and the other party cross-examines the witness.  Therules of evidence are relaxed, emphasizing common sense and relevance. 

Following the hearing, the arbitrator(s) will either issue a decision at the hearing or estimate the amount of time necessary to issue a written decision.  Unless there are some serious procedural problems, the arbitrator(s)' decision is not appealable and the decision is final.

How do you schedule an arbitration?

The scheduling or an arbitration is similar to mediation scheduling.  (See Mediation Services for detail of scheduling procedures.)  The Mediation Group case manager will schedule the hearing, arrange for facilities, etc.  If a panel of arbitrators is chosen, The Mediation Group can make all arrangements.  All parties will be required to sign an Agreement to Arbitrate.  Click here to print out an Agreement to Arbitrate.doc.  The Rules of Arbitration are attached to the Arbitration Agreement. 

What are the benefits of arbitration?

The main advantage is closure.  The parties know that at the end of the day(s) there will be a decision which is final.  As there can rarely be an appeal, the decision is truly final.  The other advantage is that one can have an arbitrator who is experienced and knowledgeable in the subject matter of the conflict make a fair and informed decision.

What are the differences between mediation and arbitration?

Arbitration does not allow the parties to retain control of the conflict resolution process.  It may be more costly than mediation, as attorneys may wish to conduct a considerable amount of discovery prior to an arbitration.  The parties cannot use their own creative problem-solving skills as they would in mediation.  They are bound by the decision of the arbitrator(s).  However, in some circumstances, arbitration may be the best alternative dispute resolution process available to the parties.

Where does the arbitration take place?

The Mediation Group Case Manager will help the parties choose the most comfortable setting for the arbitration hearing to take place.  This is largely dependent on the number of parties and the estimated length of the arbitration.  The Case Manager will see that all necessary amenities are in place at the time of the arbitration.