Instead of appearing in front of a judge and jury, each party presents evidence to an independent arbitrator. The arbitrator reviews the evidence and decides which party should win the case. Going through arbitration can help you move on with your life after an injury or financial loss.
What are the benefits of arbitration?
If you file a lawsuit, the judge might not be able to hear your case for several months, making it difficult to move on with your life. Because arbitration is more flexible, there’s a good chance you’ll be able to schedule your hearing at a convenient time.
• Less Expensive
Because it takes less time to schedule an arbitration hearing and hear both sides of the case, arbitration is usually less expensive than filing a lawsuit.
• Simplified Process
If you file a lawsuit, you have to make documents and witnesses available to everyone involved in the dispute. You don’t have to do this if you decide to participate in arbitration. Additionally, arbitrators don’t have to follow the same rules as attorneys and judges. This makes arbitration easier and less time-consuming than going to court.
What happens if you decide to participate in arbitration?
Before the arbitration hearing, all of the parties involved decide if the arbitrator’s decision will be binding or non-binding. A binding decision is final, while a non-binding decision may be rejected by one of the parties involved in the lawsuit.
Then it’s time to pick an arbitrator. If you don’t have an arbitrator in mind, ask your arbitration attorney to make a recommendation. You want to pick someone who has experience making decisions about disputes similar to yours.
Call (919) 775-5653 or contact us and set up a consultation to speak with one of our experienced attorneys about your case.
The arbitrator you choose will contact everyone involved in the dispute and let them know how to prepare for the hearing. Arbitrators are also responsible for scheduling the following:
• Deadline for disclosing your witnesses to the other party
• Deadline for exchanging documents with other parties involved in the dispute
• Deadline for submitting your arbitration brief, a statement that describes the dispute and explains your legal position
What happens during an arbitration hearing?
Every arbitration hearing is a little different, but most hearings have the same basic steps.
• The arbitration attorney makes introductions and explains the rules of the hearing.
• You will be sworn in before you are given an opportunity to speak. This means you have to swear to tell the truth at the hearing
• Both parties have the opportunity to make opening statements and present evidence. You may also have an opportunity to make closing remarks
• The arbitrator formally ends the hearing
The length of the hearing depends on how complex the issue is and how many witnesses are involved. It may take a few hours or a few days to complete an arbitration hearing.
How much does arbitration cost?
The total cost of arbitration depends greatly on how long it takes to resolve the dispute. Arbitrators typically charge for the time they spend reviewing documents, overseeing pre-hearing conferences, participating in arbitration hearings, and writing their decisions.
How can an arbitration attorney help me with my dispute?
At Wilson, Reives & Silverman we have your best interests in mind at all times. Before you submit an arbitration brief, it’s important to review it with an arbitration attorney and make sure it is accurate.
One of our experienced arbitration attorneys can also help you prepare your opening remarks and gather evidence before your arbitration hearing, giving you a better chance of winning your case and moving on with your life.