Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.
A Missouri Agreement to Submit to Arbitration — General is a legally binding document that outlines the terms and conditions under which parties agree to resolve any disputes through arbitration instead of going to court. It establishes a framework for resolution and provides a clear and efficient process for resolving conflicts. Arbitration offers an alternative to traditional litigation in courts, allowing the parties to present their case before a neutral third party, known as an arbitrator. This agreement ensures that both parties are bound by the decision of the arbitrator and agree to waive their right to pursue legal action in court. In Missouri, there are various types of agreements related to arbitration, such as: 1. Employment Agreement to Submit to Arbitration — General: This type of agreement is commonly used in employment relationships to specify that any employment-related disputes, including those related to wages, termination, discrimination, or breach of contract, will be resolved through arbitration. 2. Commercial Agreement to Submit to Arbitration — General: This agreement is often utilized in business transactions, such as partnerships, sales, or service contracts. It ensures that any disputes arising from these commercial relationships will be resolved through arbitration rather than litigation. 3. Construction Agreement to Submit to Arbitration — General: Construction projects often involve multiple parties, including owners, contractors, subcontractors, and architects. This agreement ensures that any construction-related disputes, such as delays, defects, or payment issues, will be resolved through arbitration rather than litigation. 4. Consumer Agreement to Submit to Arbitration — General: This type of agreement is frequently used in consumer contracts, such as those involving credit cards, cell phone providers, or online services. It specifies that any disputes between the consumer and the company will be resolved through arbitration. The Missouri Agreement to Submit to Arbitration — General generally includes key provisions such as: — Identification of the parties involved in the agreement. — A clear statement that both parties agree to submit their disputes to arbitration and waive their right to litigate in court. — The selection process for the arbitrator or a mechanism for appointing the arbitrator. — The rules and procedures that will govern the arbitration process. — The location and venue where the arbitration will take place. — The language in which the arbitration proceedings will be conducted. — The confidentiality provisions to ensure that the arbitration hearings and related information remain private. — The enforcement mechanism for the decision reached through arbitration. It is important to consult with legal professionals familiar with Missouri law to ensure that the Agreement to Submit to Arbitration — General complies with all applicable state regulations. Additionally, each agreement may have specific terms tailored to the unique circumstances of the parties involved.
