Arbitration Case File With The State In Arizona
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Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
General Proceedings and Prehearing Procedures. (a) Arbitrator's Powers. The arbitrator has the power to administer oaths or affirmations to witnesses, determine the admissibility of evidence, and decide the law and the facts in an action.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.
Never say anything to an arbitrator unless you are 100% sure it is correct. If you don't know the answer to a question, simply say, “I don't know the answer but will get it for you promptly.” Arbitrators respect lawyers who can zealously advocate for their clients and work out procedural issues with opposing counsel.
Appeal. (a) Filing a Notice of Appeal. Any party who appears and participates in the arbitration proceedings may appeal an arbitrator's award by filing a notice of appeal with the clerk.
As provided by Rule 72(d), Arizona Rules of Civil Procedure, the Court will waive the arbitration requirement if the parties agree to participate in a summary jury trial.
Rule 75 - Hearing Procedures (a)Issuing Subpoenas. Subpoenas may be issued, served and enforced as provided by these rules or other law. (b)Joint Prehearing Statement.
Arizona generally recognizes arbitration agreements as enforceable and irrevocable contracts, absent legal or equitable reasons to justify their unenforceability, where the following elements are present: (1) a mutuality of obligation; (2) formal requirements such as writing and signature; (3) consideration by both ...