Arbitration Could Work Against You in Some Cases

arbitration

The list of reasons why arbitration is beneficial in comparison to a courtroom battle is long, to include selling points for mediation and judicial reference as well. Any legal dispute can be complex and stressful, and sometimes arbitration may not be your best route either. On either the individual or business level though, chances are at some point in life you are going to run into a legal issue that requires clear resolution.

Litigation May Not Be an Option

Litigation may be your first choice for handling a major legal problem, and especially if you are dealing with a particularly hostile situation, or one where substantial finances are at stake. Believe it or not though, in some cases you may not have a choice due to a predetermined dispute resolution clause. These are very common in contracts and agreements of all kinds today—and you may have even signed off on one without remembering or even being aware of it.

Arbitration can be very helpful, and especially in business disputes. This process is private (as opposed to the courtroom experience, which is public) and while it may be somewhat more formal than mediation, the general atmosphere is still much more casual—along with a much easier scheduling process. The arbitrator (there may be one, or a panel of several arbitrators deciding the case) acts as a neutral party in examining evidence and then providing a written opinion and award.

Arbitration Can Be Challenging if the Playing Field is Unequal

In some cases, arbitration may seem like a process where the deck is stacked against you very unevenly though. Typical examples cited regarding such unfortunate experiences usually point out commercial or retail disputes such as those between cell phone companies and individuals. While there may be a dispute, you may find it very hard to afford travel back and forth to the appointed city or county outlined in the dispute resolution clause. The corporate arbitrator may be extremely experienced in handling such cases, and not seem very neutral at all as they spend so much time working for a large corporate agenda. This type of problem and inequality could easily translate to an arbitration process between a small business and a much larger corporation too.

Contact Us for Help Now

Arbitration is legally binding and can be extremely difficult to appeal. If you are concerned about a current legal dispute or the arbitration process, speak with an attorney like Shane Coons who is highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. If you have a legal issue and want to learn more about the best alternative dispute resolution process for your case, please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.

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