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Arbitrators hear various types of cases, from small disputes between neighbors to million-dollar business conflicts. Unlike mediation, which is less effective in cases where questions of law represent the key elements of the dispute, arbitration is often used for complex legal disputes.
An example of an arbitration would be when two people who are divorcing cannot agree on terms and allow a third party to come in to help them negotiate.
Arbitration is most commonly used in the resolution of commercial disputes and is distinct from mediation and conciliation, both of which are common in the settlement of labour disputes between management and labour unions.
Arbitration Process File a Claim. A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. Answer a Claim. Arbitrator Selection. Prehearing Conferences. Discovery. Hearings. Decision Awards.
2:31 4:15 Presenting your Case in Arbitration - YouTube YouTube Start of suggested clip End of suggested clip They will need to exchange a list of witnesses who will appear prior to the hearing if a partyMoreThey will need to exchange a list of witnesses who will appear prior to the hearing if a party presents a witness at the hearing. That party will have the opportunity to ask questions of the witness.
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An effective, persuasive opening statement will assure the arbitrator that he or she can rely on your representations.The Hillen Factors are: Identify factual questions in dispute; Summarize all evidence on each; State which version he/she believes; and. Explain in detail why the chosen version was more credible.
The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.
Arbitration is allowed when: two or more persons agree to submit to arbitration any controversy existing between them at the time of the submission, which may be the subject of an action; or. the parties to a contract agreed in said contract to settle by arbitration a controversy thereafter arising between them.
Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure 1141.10, et seq.) by which certain types of cases are directed to nonbinding arbitration before trial.
The study found that in claims initiated by consumers: Consumers were more likely to win in arbitration (44 percent) than in court (30 percent).

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