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While a letter of demand can be a powerful tool, it does come with some disadvantages. For example, if not executed properly, a poorly written letter may weaken your position and hinder negotiation efforts. Additionally, it could provoke an adversarial response, making resolution more challenging.
An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
Cases Subject to Arbitration. The statutory scheme for mandatory arbitration is found in ORS 36.400 to 36.425. It applies to civil cases where the only relief claimed is for the recovery of money or damages and the amount claimed is less than $50,000.00, exclusive of attorney fees, costs and disbursements.
The parties must pay a pro-rata fee not to exceed $600.00 total to the arbitrator. They pay the arbitrator directly their share of the $600.00. The arbitrator is paid $100.00 per hour, not to exceed 6 hours per case. The arbitrator will refund the parties their share of the fee not used.
Judicial Arbitration is like a trial. But it is less formal and there is no jury. Each side presents its case to a ?neutral? person, also called ?arbitrator.? The arbitrator is either a lawyer or a retired judge, and does not take sides or give advice.
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.
Arbitration is a procedure much like a trial, but less formal. Instead of a decision being made by a judge or jury, an arbitrator hears the evidence and makes a decision.
If either side does not want to accept the arbitrator's decision, the case may go back before a judge or jury for a decision. A party wishing to appeal the arbitration award must do so within 20 days after the arbitration award is filed with the court. The case then goes to a new trial (trial de novo).
The parties must pay a pro-rata fee not to exceed $600.00 total to the arbitrator. They pay the arbitrator directly their share of the $600.00. The arbitrator is paid $100.00 per hour, not to exceed 6 hours per case. The arbitrator will refund the parties their share of the fee not used.