Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an “arbitrator” (or in some cases, a group or “panel” of arbitrators) who will listen to each side and make a decision about the case.
If you've been sued for a debt, check your credit card agreement for an arbitration clause and file a Motion to Compel Arbitration into the case to avoid going to court. To find your arbitration clause, read the fine print, look for dispute resolution key terms, and utilize the CFPB's credit card agreement database.
Rather than filing a lawsuit and subsequently going to court, the dispute is resolved by a “arbitrator”. If dispute does arise, an arbitration agreement limits resolution to arbitration and sets parameters for how arbitration will be conducted.
Generally there's no real benefit to the employee for binding arbitration. There's definitely disadvantages. Most tend to include, as yours apparently does, clauses forbidding bringing class actions against the employer.
In order to request an arbitration hearing before the Florida New Motor Vehicle Arbitration Board, you must complete the Request for Arbitration form and send it, along with copies of all documents requested in the form, to the Office of the Attorney General, Lemon Law Arbitration Screening, PL-01, The Capitol, ...
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
There are Some Limited Exceptions (A Court Could Invalidate a Mandatory Arbitration Clause) Although the law typically requires courts to enforce a mandatory arbitration in Florida, there are some exceptions.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.