Arbitration – timely legal decisions, based on the law…
Arbitration is an alternative dispute resolution process in which the parties agree to submit their dispute to a neutral third party (typically a retired judge or senior attorney with subject matter expertise) whom they have selected to make either a binding or non-binding decision to resolve their dispute. An arbitration hearing is conducted in a manner similar to a short trial with each side presenting their case which may include witnesses. Participants may choose to have attorney representation as well. At the conclusion of each side’s presentation, the arbitrator renders a decision, called an award, which is usually available within ten business days from the close of the hearing. Arbitration is less formal than a trial with rules of evidence and discovery relaxed. Arbitration is generally perceived as being more time-efficient and cost-effective than litigation partly because rules governing arbitration limits appeals.
Arbitration is a feature of many contracts including the purchase of consumer goods, employment contracts, and business contracts. Disputants in family matters, such as divorce and estates, and other private enterprises also have found arbitration to be an appropriate dispute resolution method for their situation.
How does the arbitration process work?
The parties may be represented by attorneys or they may choose to represent themselves. Although similar to courts of law, arbitration is not bound by all rules of procedure. Unless the parties’ contract specifies otherwise, arbitrations are conducted in accordance with the NC Revised Uniform Arbitration Act.
Typically, the arbitrator will call for a pre-hearing conference where rules of the process, a timeline for completion of certain tasks, and the date of the arbitration hearing are established.
At the arbitration hearing, each side or their counsel make brief opening statements before presenting their cases. Case presentation may include exhibits, witnesses, or expert testimony. At the conclusion of each side’s presentation, the arbitrator may allow each side to make brief closing statements before concluding the hearing. Depending on the nature of the dispute and its complexity, an award may rendered immediately or it may be several days before the arbitrator renders their award.
In non-binding arbitration, the award may be viewed as advisory with each side using the award to begin negotiation again or for moving on to some other legal process for resolution. In binding arbitration, the arbitrator’s award is filed with the court and has the same effect as a court order in binding the parties to the terms of the award. Binding arbitration awards are final and not subject to appeal by either party.
How does a case get to arbitration?
A matter may come to arbitration by one of three ways: 1) by contract where the parties have agreed in advance that any dispute they have will be resolved by some form of arbitration; 2) by court order where a judge has ordered the parties to arbitration based on the characteristics of their case; and 3) by stipulation where the parties agree to resolve their dispute by arbitration after the dispute has arisen.
How long will the arbitration take?
The pre-hearing conference may take a couple of hours. The arbitration hearing itself is generally completed in one day but will depend on the rules in use and the complexity of the matter.
Where do the arbitrations take place?
Arbitrations hearings and pre-hearing conferences usually take place in our office. The case manager will work with the parties to determine a mutually acceptable location.
How do I schedule an arbitration?
Contact CDSS. A case manager will work with you and the other party to begin scheduling a pre-hearing conference.
What information or materials should I bring to arbitration?
Documentation needs will be addressed at the pre-hearing conference.
What is the role of the arbitrator?
Arbitrations may be conducted with a single arbitrator or a panel of arbitrators. A panel is comprised of an odd number of arbitrators to prevent tied decisions. At CDSS, our arbitrators rely on the rule of law and precedent in rendering awards.
What are the arbitrators’ qualifications?
CDSS panel members serving as arbitrators are all active or retired judges and attorneys with 20 plus years of experience. Some are also certified by the American Arbitration Association. Contact CDSS to determine which arbitrator’s skills and experience are best suited to your needs.
Who is the arbitrator?
In most cases, the case manager will match your case to our list of qualified arbitrators and make suggestions. Both CDSS and the selected arbitrator will check for any conflicts of interests before proceeding. If the parties are in agreement, they may select any arbitrator from our roster of staff and panelists. If the parties are having difficulty selecting an arbitrator, CDSS will select three appropriate panelists from our roster and each party will have the opportunity to strike one name with the remaining named person becoming the arbitrator.
How much will arbitration cost?
Fees for arbitration are largely dependent on the underlying contract between the parties and the rules adopted for the arbitration process. Fees for arbitration by stipulation of the parties will depend on the complexity of the matter and the rules adopted for the arbitration hearing. Contact CDSS for additional information regarding arbitration fees.
What happens if I need to postpone or cancel the arbitration?
The rules adopted for governing the arbitration hearing will determine any postponement or cancellation fees.
How do I know if arbitration is right for me?
Arbitration is well-suited to matters where both parties require a timely, legal decision made by a neutral third person. Non-binding arbitration gives disputants a quick idea of how their case may fare in court. Binding arbitration provides parties with a final resolution with less time and expense of going to trial.
