Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.
In the state of Massachusetts, an Agreement to Submit to Arbitration — General refers to a legal contract entered into by parties involved in a dispute, where they voluntarily agree to resolve their disagreements through arbitration rather than litigation in court. This agreement is binding and enforceable in Massachusetts courts. Arbitration is a method of alternative dispute resolution that involves a neutral third party, known as an arbitrator, who reviews the facts and arguments presented by both parties and renders a final and binding decision. The arbitrator's decision, known as an award, is legally binding and can be enforced in courts. The Massachusetts Agreement to Submit to Arbitration — General outlines the terms and conditions under which the parties agree to arbitration. It typically includes the following key elements: 1. Definition of the dispute: The agreement clearly identifies the nature and scope of the dispute that will be subject to arbitration. This ensures that both parties are clear on what issues will be resolved through arbitration. 2. Selection of arbitrators: The agreement may specify how the arbitrator or arbitrators will be chosen. It may provide options for both parties to jointly select an arbitrator or to select a panel of arbitrators. 3. Rules and procedures: The agreement may incorporate established arbitration rules, such as those provided by the American Arbitration Association (AAA), JAMS, or other recognized arbitral institutions. These rules govern the arbitration process and provide guidance on issues such as evidence, discovery, and the timeline of the arbitration proceedings. 4. Venue and governing law: The agreement may specify the location or venue where the arbitration will take place, as well as the governing law that will apply to the arbitration proceedings. 5. Confidentiality: The agreement may include provisions regarding the confidentiality of the arbitration process, ensuring that the discussions, evidence, and the final arbitration award remain confidential to the extent allowed by law. 6. Costs and fees: The agreement may address the allocation of costs and fees associated with the arbitration process, including the arbitrator's fees, administrative expenses, and attorney fees. It may also specify how these costs will be divided between the parties. It is important to note that Massachusetts recognizes different types of Agreement to Submit to Arbitration — General, each tailored to specific sectors or industries. Some common variations include: 1. Employment Disputes: This type of agreement is specifically designed for resolving employment-related disputes, such as wrongful termination, discrimination, or breach of employment contract. 2. Commercial Contracts: This type of agreement is used in business-to-business transactions to resolve disputes arising from commercial contracts, including breach of contract, partnership disputes, or disputes over intellectual property rights. 3. Construction Disputes: This type of agreement pertains to the resolution of construction-related disputes, such as defects in construction work, payment disputes, or breach of construction contracts. 4. Consumer Disputes: This type of agreement is used in cases where consumers agree to submit disputes with businesses to arbitration, such as disputes over product warranties, defective products, or false advertising claims. In summary, a Massachusetts Agreement to Submit to Arbitration — General is a legal contract that establishes the voluntary agreement of parties to resolve their disputes through arbitration rather than litigation. These agreements outline the terms, procedures, and rules under which the arbitration will occur. Different variations of such agreements are used to address disputes in various sectors, such as employment, business contracts, construction, and consumer disputes.
