Arbitration In Dispute Resolution In San Diego
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During the arbitration hearing, the parties will present their cases to the arbitrator, who then considers the evidence and arguments. The hearing may be conducted in person, by video conference, or by other means agreed upon by the parties.
Definitions of ADR Processes. Arbitration: a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome. Arbitration is less formal than a trial and the rules of evidence are often relaxed.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
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.
An arbitration is a hearing where a commissioner gives both parties an opportunity to present their cases regarding the issue in dispute by leading evidence, presenting documents, cross examination of witnesses, and even conducting of inspection of premises, where that is necessary.
There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution. Negotiation is the least formal type of ADR.
Parties agree to utilize arbitration—and decide on the terms of the arbitration—in advance of any dispute. Arbitration may be voluntary (meaning that, if a dispute arises, the parties still have to agree to submit that dispute to arbitration) or mandatory (meaning the parties must submit their dispute to arbitration).
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.
Arbitration often involves a binding agreement and occurs when an arbitrator, often a lawyer, applies law and facts to the case resulting in a reward or solution. Mediation, which is non-binding, involves a mediator assisting both parties with communication, in hopes of coming to a shared agreement.
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.
