How Does The Arbitration Process Generally Work?
By: LawInfo
The arbitrator initiates the hearing by swearing in the parties and witnesses who will testify. The parties then give opening arguments and present both documentary (usually written) and testimonial (oral) evidence. The attorneys are allowed to question witnesses and the arbitrator may ask questions if necessary. Rebuttal questions are also allowed. In some systems, the parties can have a Document Hearing, where the arbitrator studies the paperwork or electronic documents submitted by each party, makes a decision and issues an arbitration award. Or the parties may opt for a Participatory Hearing where each party submits evidence and appears before an arbitrator who studies the evidence , makes a decision, and issues an arbitration award. The arbitration decision or "award" is legally enforeceable and often reviewable by the courts.
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Additional Arbitration FAQs
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Q:
Are Companies Required To Inform Stockholders Of Their Involvement In A Lawsuit?
A: Companies are only required to report legal proceedings in their registration statement, quarterly report, and annual report. They do not have to make special reports … More -
Q:
What Is Arbitration?
A: Arbitration is referral of a dispute to one or more impartial persons (nonparties) for final and binding determination (resolution). When the decision is binding, … More -
Q:
What Is Mediation?
A: Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process … More -
Q:
Can I Get Information Concerning The SEC's Ongoing Investigation Of A Public Company?
A: The SEC has a policy of maintaining confidentiality about any details of its investigations until the cases are filed with the courts or a similar judicial body. This … More -
Q:
Why Use Arbitration Instead Of Going To Court ("litigation")?
A: The American Bar Association estimates that as many as 100 million Americans are shut out of the legal system due to the high cost of justice. In a 1999 survey, the … More -
Q:
How Do We Get To Mediation?
A: The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. … More -
Q:
Is It Possible To Obtain The Results Of An Sec Investigation?
A: You can only find out which companies or individuals have been charged with an offense, and this information may be obtained from the Enforcement Actions Section of … More -
Q:
How Do You Apply For Arbitration?
A: Typically, to begin an arbitration, one party completes an arbitration claim form, files it with the arbitration administrator and pays and a filing fee, if any. The … More -
Q:
How Much Time Is Required To Schedule A Mediation?
A: Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define … More -
Q:
Is It Possible To Find Out If There Have Been Complaints Filed With The SEC About A Particular Company?
A: Yes, the Enforcement Actions Section of the SEC provides this information, and you can often get similar information by way of the Freedom of Information Act. More
Alternative Dispute Resolution Sub-categories
| Collaborative Law | Mediation |
