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Arbitration Related Questions

In the world of business and employment there are bound to be quarrels among companies and consumers, employers and employees. For that reason companies and employers often put in their contracts arbitration agreements. Below are some questions regarding arbitration that have been answered by the Experts.

What is arbitration?

Arbitration is a legal method of solving quarrels outside of the court, in which the quarrel is referred to the arbitrators/arbiters, who will make a decision to which the disputants have agreed to bind to. This is a resolution method where the third party goes over the evidence for the case, then makes a decision that is binding legally and enforceable for both sides. Arbitration is commonly put to use for commercial disputes, and is frequently used in the areas of employment and consumer matters, where the arbitration may be ordered by the terms set forth in a commercial or employment contracts. Parties may enter arbitration voluntarily or it may be mandated by a contract that the parties have entered into, in which both of the parties have agreed to hold all disputes to arbitration without knowledge of when and if disputes will occur, and that the results may be binding or non-binding. If the arbitration is non-binding then it becomes more like a mediation situation, in that the decision made may not be imposed on the either parties. The difference between mediation and arbitration is that in mediation the mediator tries to help the parties involved reach a middle ground for compromise, where an arbitrator is removed from the settlement proceedings and only will give a decision of liability.

Can a person object to a telephonic arbitration?

A person has every right to object to a telephonic arbitration. If the going to the arbitration is not taxing for that person to go to and they feel that it would be better to look at the other side’s team and papers they have prepared, then they should object a telephonic arbitration and request a live personal one.

What can a person expect an arbitration to be like?

Arbitration is much like a trial, a small informal one. Just like in a trial both parties may provide evidence and are able to call witness, there may also opening and closing statements presented. The main difference between a trial and arbitration is the informality of the arbitration, which makes it faster than a conventional trial.

Can a person push for arbitration to be forgone and have a real trial instead?

For a person to get a case into court, they must first file a lawsuit with the court clerk. However this does not mean that the arbitration has been moved into court, the arbitration and the court case are two separate entities and that if the person had agreed to decisions that were made in the arbitration may be binding. If the person entered into a contract that mandates arbitration, then the individual must go to arbitration, and it is also possible that the other party may try to have the court case dismissed in relation to the prior arrangement set forth in the contract. If there is no requirement for arbitration in the contract, then there would be nothing standing in the way of the person filing a lawsuit and proceeding with the court case.

Can a person discontinue their scheduled arbitration if their lawyer drops them?

A person can discontinue their scheduled arbitration, but should be prepared for the other party to ask for court costs and attorney’s fees. There is also the option of asking for a continuance to allow for time to replace the lawyer that dropped the case.

Many people have arbitration agreements that have been built into their contracts that they have with major companies such as credit card companies. When something happens and something goes wrong between the two parties there may come a time when the debtor may be served papers for arbitration.

Ask a Consumer Protection Lawyer

Infolawyer
Infolawyer, Lawyer
Category: General
Satisfied Customers: 5839
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Consumer Protection Law Question Here...
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10 Consumer Protection Lawyers are Online Now

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Ron
ASE Certified Technician
Satisfied Customers: 21592
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
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Urologist
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I am fellowship trained specializing in general urology and reconstructive urology.
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Appliance repair business owner for over 43 years.

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