Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Amount in Controversy. All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree that the amount in controversy does not exceed $50,000 shall be subject to the provisions of A.R.S. § 12-133 and Rules 72 to 77 of the Arizona Rules of Civil Procedure governing compulsory arbitration.
The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000. For all other cases that Superior Court accepts, please visit the Clerk of Superior Court's webpage for Civil Case Filing Options and Arizona Supreme Court.
Compulsory arbitration is arbitration of labor disputes which laws of some communities force the two sides, labor and management, to undergo. These laws mostly apply when the possibility of a strike seriously affects the public interest.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.