Arbitration Case In The News In Georgia
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A party may wait for the results, or phone the Arbitration Center for the results. The award will then be filed with the respective Office of the Circuit Clerk. The Circuit Clerk will mail the Award of Arbitrators and a Notice of Award to all parties. The Notice of Award will provide the next court date for the case.
However, because arbitration is an adversarial process, it is commonly viewed as being like litigation in the courts. The purpose of this article is to discuss five key areas in which arbitration is quite different from litigation. There are no pleading requirements in arbitration.
Most of our arbitration hearings are conducted by two experienced attorneys and one non-attorney. Like judges, arbitrators hear arguments from both sides and decide the outcome of the dispute. Arbitrators and both parties are allowed to request reasonable discovery if/when a hearing date is set.
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to ...
In simple terms, arbitration is the out-of-court resolution of a disagreement between two commercial parties decided by an impartial third party, the arbitrator.
Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.
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.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.
