If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.
How to Use Arbitration Awards Online. You can search for awards by Case ID, Keyword, Name, Date of Award (by date range), Forum, Document Type, Panel Composition, or a combination of search parameters. Awards can be viewed online, printed, or downloaded as text-searchable PDF files.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
Arbitrators and mediators also play an important role in protecting personal confidential information. They have a duty to: Keep confidential all information obtained in connection with an arbitration or mediation. Transport and store, of case materials in a manner that preserves the confidentiality of the information.
During the arbitration hearing, each side lays out their points and presents the evidence they have. But unlike the typical courtroom setting, the procedures are different, and the arbitration proceedings stay confidential.
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.