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What is arbitration?

Arbitration is an alternative to traditional court litigation. Arbitration is a streamlined private legal procedure used to resolve disputes between two or more parties. An arbitration proceeding may be administered and managed by an independent and impartial arbitration service. The parties to a dispute present their arguments and evidence to the arbitrator who decides the case and resolves the dispute.

Why use arbitration over litigation?

Arbitration is encouraged over traditional court litigation because arbitration is generally less expensive than litigation and provides for faster resolution through flexible scheduling and simpler rules. In addition, arbitration results are only made public with the consent of the parties involved in the dispute. This differs from traditional court litigation in that courts are public forums and information about business and personal affairs may become public knowledge. Arbitration helps to protect privacy and increases the chance of reaching an agreement that will satisfy all of the parties to the dispute.

What types of disputes can be arbitrated?

Virtually any type of dispute can be arbitrated, including contract disputes involving businesses and consumers, employment claims, real estate and construction issues, and tort and civil rights matters.

Who serves as an arbitrator to resolve a dispute?

An arbitrator is an independent person who is selected either by the parties to the dispute or a designated arbitration administrator, such as the American Arbitration Association, to resolve the conflict. The arbitrator takes the place of a judge and jury and listens to the facts presented by the parties, applies the relevant law, and makes an award. Individuals who serve as arbitrators typically possess certain qualifications or minimum levels of experience to maintain the integrity of the arbitration process.
 

Can I go through arbitration without an attorney?

Arbitration is less formal than going to court, and you may represent yourself. However, you should keep in mind that arbitration is a legal proceeding that results in an award that is generally final and binding. Because your legal rights are involved, you may choose to consult with and be represented by an attorney. All parties to an arbitration proceeding, whether a business or an individual, have the same option whether or not to be represented by an attorney. If you do not have an attorney and wish to be represented by an attorney in arbitration, you may want to contact your local bar association or another legal service organization for a referral.

Are there rules or procedures that apply to my arbitration?

This depends on what type of dispute you are involved in. the rules may or may not be in place for your dispute. Often parties have already agreed to follow the rules established by the American Arbitration Association or a similar arbitration administrator.

What does the process cost?

This depends on the party’s agreement. There may be filing fees or other charges to arbitrate your disputes. Otherwise, the main cost will be for the arbitrator fee which will vary depending on the type of arbitration the length of the arbitration, the arbitrator selection process and the particular arbitrator selected. For example, the maximum arbitrator’s fee for a Minnesota No-Fault case is $300.00. In other cases arbitrators will often charge from $500.00 - $1,000.00 per day in arbitrator fees. In some cases the arbitrator decides which party pays the fee, so that one party may pay nothing for the arbitration.

How long does the process take from beginning to end?

The average length for most arbitrations from the start to the issuance of an Award is three to six months, but the time can be less or more depending on the dispute.

When do I present my evidence and what kind of evidence will be allowed?

You will be given an opportunity to present your evidence at the hearing. The party that asks for Arbitration usually presents their evidence first at the hearing. Formal rules of evidence that usually apply in court do not apply in an arbitration hearing, but you must still be prepared to prove your case and present all evidence that you think is appropriate. The arbitrator may accept or reject evidence that the arbitrator believes will help in deciding the dispute. Each party should be prepared to make a focused presentation so the hearing can be conducted in an efficient manner. Generally the hearings will last no more than one day.

Does the arbitrator help me present my claim?

No, you should not rely on the arbitrator to assist you in presenting your case.

How do I know the arbitrator is neutral and impartial?

All arbitrators before they accept appointment to a case should agree to be fair and impartial in deciding the dispute. If the arbitrator has a relationship with any of the parties the arbitrator must disclose that information. After the parties are given that information, they will allowed an opportunity to decide whether that individual should remain as the arbitrator in light of the disclosure.

How do I prepare for the hearing?

You should gather all pertinent documentation and make copies for the arbitrator and the other parties. Organize the information in a logical, sequential fashion. For an in-person hearing, you will be given an opportunity to make a brief opening statement, examine witnesses (if any), introduce evidence, and answer questions. Be prepared to prove why you believe you should win your case, discuss your evidence, and answer questions about your case. You should consider the arguments the other parties may make and be prepared to respond to these arguments.

How are the hearings conducted?

The arbitrator will discuss how the hearing will be run with the parties. Generally, each party will present their side with the requesting party going first. During the hearing, all parties should be respectful to the other party and the arbitrator. Present your case in a clear and concise fashion.

What if one party doesn’t show up for the hearing? What if I don’t show up?

The hearing can still proceed even if one party does not show up. The appearing party will still have to present their case to the arbitrator.

Can I settle the dispute prior to the arbitration hearing?

You may settle your dispute with the other party any time before the arbitrator issues the award.

How quickly after the hearing do I get the arbitrator’s decision?

Once the arbitration hearing is closed and all evidence and arguments have been submitted by the parties the arbitrator will generally make their decision and issue the award within 30 days.

What happens after the arbitrator renders their award?

If the parties have agreed to binding arbitration, the arbitrator’s decision is binding on all parties to the dispute. A binding award can be overturned in court, but this is very rare.

How do we choose Thomas Harrigan to act as arbitrator for our dispute?