Arbitration

Arbitration is an alternative dispute resolution procedure. It helps parties avoid litigation, which can be a costly and time-consuming effort. It is not uncommon for litigation, from start to finish, to take up to one year and incur $30,00-50,000 in attorneys' fees and associated costs. Arbitration seeks to resolve a legal dispute in a faster and comparatively inexpensive manner.

Under arbitration, the disputing parties submit their problem to a neutral third party. To ensure effective arbitration, sometimes the neutral third party will comprise a panel, often three individuals. Each side generally provides arbitration briefs explaining their positions. The third party, often called an arbitrator or arbiter, will then make the ultimate decision.

Arbitrators are not bound by precedent (prior case law), and are have great latitude in conducting the arbitration. Arbitrators can seek out their own expert witnesses, conduct visits outside of the hearing, and perform other actions generally not available to courts. Arbitrators often have great leeway in reaching their decision, and are usually only limited by the scope of exceeding their granted authority. As is common, arbitrators will often attempt to mediate between the parties in order to reach a mutually acceptable resolution.

If your legal dispute will be arbitrated, it is recommended to be represented by legal counsel. Even though arbitration is not technically a court proceeding, often complex legal issues need to addressed and handled by a competent and experienced attorney. Arbitration briefs are critical in setting forth your position, and it is not wise to cut corners on this very crucial document.

Our law firm has experience with arbitrating disputes. We invite you to come in for an initial free consultation. To contact us, fill out the form on this page or call us at 858-350-3124 (San Diego) or toll free at 800-361-1961.