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.
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.
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.
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.
There must be an arbitration agreement or an arbitration clause between the parties; A party to the arbitration agreement files a case against the other party before the judicial authority; The subject matter of the case so filed must be the same as the subject matter of the arbitration agreement;
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
There must be an arbitration agreement or an arbitration clause between the parties; A party to the arbitration agreement files a case against the other party before the judicial authority; The subject matter of the case so filed must be the same as the subject matter of the arbitration agreement;
Before an Arbitrator is Appointed When filing a complaint, the plaintiff also must file a Certificate of Compulsory Arbitration which states the monetary amount of the controversy. If the case is designated an arbitration case, an arbitrator is appointed once an answer to the complaint is filed.
The American Rule (parties generally bear their own costs and fees). The pure “costs follow the event” rule (the loser pays all costs and fees). The pro rata “costs follow the event” rule (the loser pays costs and fees in proportion with the outcome).
Arbitration notice: in case of dispute between the parties arise, the party will send a notice to the defaulting party for initiating the procedure of arbitration known as arbitration notice. 3. Appointment of Arbitrator: party appoint arbitrator as they think fit to resolve the dispute.