Arbitration In Dispute Resolution In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00416-2
Format:
Word; 
Rich Text
Instant download

Description

The Arbitration Agreement is designed to facilitate the resolution of claims, disputes, and controversies through binding arbitration rather than traditional court proceedings. The agreement outlines the roles of both parties involved, the arbitration process to be followed, including the selection of an arbitrator, and the specific requirements for initiating arbitration via a written Notice. It emphasizes that any claims requiring less than a specified dollar amount will be arbitrated by a single arbitrator agreed upon by both parties or appointed by a designated Arbitration Association. The arbitrator's decision will be final and binding, with provisions for cost allocation and the potential for dismissals of claims. Key features include the waiver of rights to a jury trial and the understanding of differing arbitration rules as opposed to court rules. This document is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants in Phoenix, as it provides a formal structure for dispute resolution while offering clarity on the arbitration process and responsibilities of the parties involved. Users will find this form beneficial in minimizing litigation costs and time, ensuring disputes are handled efficiently and privately.

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FAQ

Appeal. (a) Filing a Notice of Appeal. Any party who appears and participates in the arbitration proceedings may appeal an arbitrator's award by filing a notice of appeal with the clerk.

If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.

It provides for a period of limitation of three years from the date when the right to apply accrues. Therefore, the Supreme Court has held that the period of limitation for application for appointment of an arbitrator under Section 11 shall be three years from the date when the right to apply accrues.

Amount in Controversy. All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree that the amount in controversy does not exceed $50,000 shall be subject to the provisions of A.R.S. § 12-133 and Rules 72 to 77 of the Arizona Rules of Civil Procedure governing compulsory arbitration.

Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.

Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals ...

Hearing Stage: Parties present their case through a process that may be in-person, over the phone, or document-based, depending on the arbitration rules and agreement. Additional written arguments may also be submitted post-hearing. Award Stage: The arbitrator closes the hearing once all evidence is submitted.

Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.

To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.

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Arbitration In Dispute Resolution In Phoenix