Whether you are the plaintiff or the defendant, knowing that you have a court case pending is almost always stressful. Along with the anxiety regarding being in such an adversarial situation also comes significant worry over expenses and time.
If you’ve discovered that arbitration is an alternative to litigation in your situation, you may be relieved—and in many cases, rightly so. Arbitration offers numerous benefits, and especially for two businesses who may be involved in a legal conflict. It is not without expense, but arbitration usually costs substantially less than going to court—and it is private. Not only that, you have greater flexibility in scheduling, and much less wait to reach a resolution.
In choosing an arbitrator, both parties usually play a part. This can be more challenging in situations where corporations, rich in resources and legal protection, are summoning individuals to an arbitration (sometimes referred to as ‘forced) due to an outlined clause. While the hope is always that an arbitrator will act completely neutrally, that may be the case in some more uneven situations. Most likely though, if you and another business or individual are moving toward arbitration, you will seek to select someone who is skilled, neutral, and can work with both parties to reach an expedient solution in a more casual setting. And while you and the other party may only select one arbitrator, it is also possible to select an entire panel or tribunal of several arbitrators; in fact, each party may choose one arbitrator each, and then those two will select one more to fill out the panel. If the parties involved cannot select an arbitrator, then the court may do so.
Arbitration is usually considered binding (although it could also be non-binding, depending on what the involved parties agree on) without much chance for appeal. And although it may be simpler than litigation, arbitration law can be quite complex—involving both state and federal law. Because of that, it is to your benefit to consult with an attorney who is experienced in arbitration law.
Attorney Shane Coons 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 our office now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.