About Arbitration

  • Arbitration is an ADR process in which the parties agree to submit their dispute to a neutral third party 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 and attorney representation. 
  • Arbitration is not bound by all rules of procedure, unless the parties' contract specifies otherwise. 
  • At the arbitration hearing, each side makes a brief opening statement before presenting their case. Case presentations may include exhibits, witnesses, or experts testimony. 
  • At the conclusion of each side's presentation, the arbitrator may allow each side to make brief closing statements before concluding the hearing.
  • The arbitrator renders a decision, called an award, which is usually available within ten ten business days from the close of the hearing.
  • 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 have also found arbitration to be an appropriate resolution method for their situation. ​

Non-Binding vs Binding Arbitration

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. 
Non-binding Arbitration: gives people a quick idea of how their case may fare in court. 
Binding Arbitration: provides people with a final resolution with less time and expense than going to trial. ​

A Matter May Come to Arbitration By...

  • Contract where the parties have agreed  in advance that any dispute they have will be resolved by some form of arbitration.
  • Court order where a judge has ordered the parties to arbitration based on the characteristics of their case. 
  • Stipulation where the parties agree to resolve their disputes by arbitration after the dispute has arisen.

Setting Up Arbitration

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  • Contact CDSS to begin the process. The case manager will work with you and the other party to begin scheduling a pre-hearing conference. 
  • Arbitration hearings and pre-hearing conferences usually take place in our offices. 
  • Your case manager will tell you what materials to bring to the arbitration. 
  • The pre-hearing conference may take a few hours. The arbitrator discusses the rules of the process, a timeline for completion of certain tasks, and the date of the arbitration hearing are established. 
  • The arbitration hearing itself is generally completed in one day, but will depend on the rules in use and the complexity of the matter. 
  • 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.

  • The rules adopted for governing the arbitration hearing will determine any postponement or cancellation fees. 
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  • Contact CDSS for additional information regarding arbitration fees.