US Legal Forms
Arbitration Case Submission Form

Arbitration Case Statement For Multiple Columns In Massachusetts

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-0011BG

Format:

Instant download

Description

The Arbitration Case Submission Form is designed for use in Massachusetts when parties agree to resolve disputes through binding arbitration instead of litigation. This form requires details such as the names and contact information of the claimant and respondent, along with their legal counsel. Key features include sections to indicate the case type, whether an arbitration clause exists in an agreement, the consent of all parties, and the selection of an arbitrator. Additionally, the form requests information regarding any associated costs and agreements on expense sharing. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in arbitration cases, ensuring clarity and organization in the dispute resolution process. Filling out this form correctly aids in streamlining arbitration proceedings, making it an essential tool for legal professionals involved in such matters.

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FAQ

The parties exchange documents and information only as directed by the arbitrator (AAA Consumer Rule R-22(c)). The arbitrator may direct the parties to exchange: ∎ Specific documents that the arbitrator deems needed. ∎ The names of witnesses they intend to call at the hearing.

The brief should include identification of the parties, a concise description of the facts, and applicable case law and statutes. The briefs should be submitted to the arbitrator at least 2 days prior to the arbitration hearing.

Rule 22 provides that the arbitrator directs the exchange of documents and other information between the parties, and no other information exchange beyond this is contemplated by the Rule – unless the arbitrator determines that further information exchange is needed to provide for fundamentally fair process.

Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.

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.

Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.

Odds of winning in employment arbitration For example, an employee complained that she's been biased and unfair. For example, research by Colvin reveals employees win 36.4 percent of discrimination cases in federal court and 43.8 percent in state court, but only 21.4 percent in arbitration.

Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.

While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.

The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts.