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Arbitration is often in a condition of employment. For example, an employee complained that shes been biased and unfair. For example, research by Colvin reveals employees win 36.4 percent of discrimination cases in federal court and 43.8 percent in state court, but only 21.4 percent in arbitration.
How to Win an Arbitration Never Impair Your Credibility With the Arbitrator. Neither a Castigator Nor a Whiner Be. Throw Far-Fetched Claims and Defenses out the Window. Dont Waste Time and Money on Motions.
The arbitrator sets out the procedure which will allow each side to submit its evidence and tell its story. Each side will also have the opportunity to respond to the case put by the other side. The arbitrator gathers all the evidence from the claimant and the respondent.
The arbitrators final decision on the case is called the award. This is like a judges or jurys decision in a court case. Once the arbitrator decides that all of the parties evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
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In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.
The arbitrator listens to both sides, looks at the evidence youve sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and its legally binding.
Arbitration as a dispute resolution is used mostly in commercial disputes, consumer disputes, credit obligation disputes, and state or investor disputes. It can also be used to resolve disputes among the family, laborers, or workers. An arbitrator is an official person that will make the final decision.

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