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.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
Justice Court arbitrations and mediations are typically scheduled to last an hour and a half. That amount of time is usually sufficient to allow each side to present their case or defense, identify and question witnesses, and offer closing statements.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award. Arbitration is intended to lower court costs for litigants and allow the Court to utilize judicial resources more effectively.
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).
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is often used to resolve disputes in labor and employment matters. For example, an employee might file a grievance with his or her employer, alleging that the employer has violated the terms of the employment agreement.
Cases that are $50,000 or less must go into arbitration. Examples include a personal injury case from an automobile accident, a disagreement about a contract, or some other type of case that doesn't involve criminal charges.