Arbitration is an alternative means of setttling 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.
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Examples for matters which cannot be referred to arbitration are (i) family law matters such as divorce, patrimony or adoption, disputes concerning personal or marital status; and (ii) public law disputes such as criminal cases.
Arbitration typically provides a speedier resolution than proceeding in court. The limited right to appeal arbitration awards typically eliminates an appeal process that can delay finality of the adjudication.
Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an ?arbitrator? (or in some cases, a group or ?panel? of arbitrators) who will listen to each side and make a decision about the case.
The least expensive arbitrators usually charge $150 an hour, while the most expensive might charge $400-$500 an hour or more depending on their area of expertise.
Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure §§1141.10, et seq.) by which certain types of cases are directed to nonbinding arbitration before trial.
Mandatory arbitration should be used as an alternative to traditional dispute resolution in the case of small or moderately sized claims. This would particularly benefit litigants who are financially unable to press their claims or who have claims too small to justify the costs of litigation.
For two-party matters, the Filing Fee is $1,750. For matters involving three or more parties, the filing fee is $3,000.
Cost. Arbitration often is less costly than court litigation, primarily due to the compressed schedule for the completion of discovery and trial. In court litigation, significant expenses are devoted to pre-trial discovery processes, such as written interrogatories and depositions of witnesses.
Arbitration is the process of using a third party to settle a dispute instead of taking the case to court. Both sides rely on the arbitrator ? an unbiased individual or panel ? to come to an appropriate decision based on the facts of the case. The resulting judgement is called an arbitration award.
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.
