Arbitration is a fairer, faster, and less expensive way to resolve disputes than time-consuming and expensive litigation.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
The Arbitration Hearing Similar to a court trial, each side can call witnesses, introduce documents, and cross-examine the other side's witnesses. The arbitrator listens to the evidence and arguments from both sides but usually in a less formal setting than a courtroom.
Proceeding with Default: If the non-participating party's refusal prevents the arbitration process from proceeding, the party seeking resolution may have the option to pursue default proceedings, which can lead to a binding decision in their favor.
How to prepare and present a labor arbitration case Conduct a comprehensive investigation. Collect relevant documents. Study the contract to find clauses that directly or indirectly affect the dispute. Talk to anyone who might be able to help provide a full picture of the case, providing a strong factual foundation.
§ 1-569.26. Jurisdiction. (a) A court of this State having jurisdiction over the controversy and the parties to an agreement to arbitrate may enforce the agreement to arbitrate.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Witnesses are usually asked to swear or affirm to the truthfulness of their testimony. After a witness has given direct testimony, the other side has the opportunity to cross examine the witness. After all those witnesses have testified, then the union puts on their case. You are expected to be a witness.