Using Arbitration For Dispute Resolution In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00416-2
Format:
Word; 
Rich Text
Instant download

Description

This form is an Arbitration Agreement. The form provides that the agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process.

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FAQ

1 of Act 49 of 1996. A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.

All civil suits or actions and landlord tenant disputes, where the amount in controversy is $50,000.00 or less, when at issue, shall first be submitted to arbitration.

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.

Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency. Matters of testamentary like grant of probate, letters of administration and succession of certificates. Disputes regarding trust deeds involving trust, trustees and beneficiaries.

Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.

Arbitration is a way of settling a dispute without having to go to court. You are called the claimant and the party you're taking action against is the respondent. You both put your case to an independent person called an arbitrator.

Arbitration is an increasingly popular alternative to traditional court proceedings, particularly in disputes relating to property and financial matters.

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.

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.

More info

The Dispute Resolution Program (DRP) provides conflict resolution services to neighbors and others having on-going conflict that is not currently in the courts. JAMS Philadelphia Mediation, Arbitration and ADR Services.1717 Arch Street, Suite 3810, Philadelphia, PA 19103. . Miller Shah, LLP counsels clients in alternative dispute resolution and provides ADR services as neutrals. All parties must complete a pre-trial settlement conference memorandum to be filed with the. The Philadelphia Bar Association's Client-Lawyer Fee Dispute Resolution Program offers FREE mediation and arbitration services to clients and lawyers. Our team of experts includes seasoned arbitrators and mediators with extensive experience in helping resolve complex property valuation disputes. We are mediators and trained arbitrators with the American Arbitration Association. Contact our office to discuss your alternative dispute resolution options.

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Using Arbitration For Dispute Resolution In Philadelphia