Introduction. Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties' will since this dispute resolution method is purely consensual.
Arbitration is less formal than going to court, and you may represent yourself. However, you should keep in mind that arbitration is a legal proceeding that results in an award that is generally final and binding. Because your legal rights are involved, you may choose to consult with and be represented by an attorney.
The primary disadvantage of mediation is that it cannot always ensure an outcome that is favorable to both parties. Because the mediator is not an impartial decision-maker, it can be difficult to enforce the terms of an agreement in the event that one or both parties do not comply with the terms they have agreed to.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
Parties meet with a mediator and work toward agreement. If parties agree, both parties sign a stipulation and the Commission issues an order approving their agreement. If the parties do not agree, the matter is scheduled for Formal Hearing.
Basically, you need to explain the reason you are filing, what you would like to see happen (the relief you are requesting) and provide specific examples of what occurred that makes you think the judge should give you what you are asking for.
In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.
In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.
When a petition is filed, the plaintiff and the defendant are given the opportunity to settle the case privately or to use an alternative dispute resolution (ADR) process rather than go to trial. The court may also provide a summary judgment. If the case goes to trial, the judge will ultimately issue a verdict.
Pro Se Representation: Individuals are allowed to represent themselves in court, known as ``pro se'' or ``pro per'' representation. This means they do not need to be a certified attorney to represent themselves, but they also cannot represent anyone else.