Arbitration Case File With State Of California In Massachusetts
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As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
Code of Arbitration Procedure Rule 12206 for Customer Disputes and Rule 13206 for Industry Disputes outline the time limits for submitting a claim in arbitration. These rules allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action.
Code of Arbitration Procedure Rule 12206 for Customer Disputes and Rule 13206 for Industry Disputes outline the time limits for submitting a claim in arbitration. These rules allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action.
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.
"(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference.
(b) within 90 days after the date on which that certificate was issued, any party to the dispute has requested that the dispute be resolved through arbitration.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.
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.
Arbitration agreements are subject to certain rules in order to have enforceability under California and federal law. If an arbitration agreement fails to meet these requirements, it can be held unenforceable.
Parties who wish to refer a matter to arbitration shall sign a written agreement to arbitrate which shall be enforceable in ance with the provisions of section one of chapter two hundred and fifty-one.