http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/what-is-arbitration.html Arbitration is referral of a dispute to one or more impartial persons (non­parties) for final and binding determination (resolution). When the decision is binding, this means that the parties must stick to the arbitration result. Constituting a private and confidential proceeding, the goal of arbitration is to produce quick, practical, and economical settlements. During arbitration, the parties state their views of the dispute, offer evidence at an arbitration hearing, and agree to let an impartial, professionally­trained arbitrator make a decision that will end the dispute. People usually agree to use arbitration in a contract, such as in the contract signed when purchasing a new car, or in a clause contained in a sales invoice or on a notice sent with a monthly bank account statement. Arbitration is used when people have a legal dispute they can not solve by themselves. Sometimes the parties can increase their control over the arbitration process, prior to a dispute arising, by adding specific terms to the arbitration clauses in their contracts. When a dispute arises, certain arbitration rules may be modified to improve the likelihood of resolution of that particular dispute. Stipulations may be made concerning confidentiality of proprietary information used; evidence, locale, number of arbitrators; and the issues raised in the dispute, as some examples. The parties may also add terms designed to speed up the arbitration process, including shortening the usual time limit for paying out an arbitration award. All such mutual agreements must be upheld by the American Arbitration Association as well as by the arbitrator. The AAA has also developed special Procedures for Large, Complex Disputes for cases in which the claim of any party is $500,000 or more (see FAQ). Prior to the first hearing in a case, the AAA may schedule either an "administrative conference" with the parties or a "preliminary hearing" with the arbitrator(s) and the parties to arrange for matters such as the provision by the parties of relevant documents ("document production") and identifying each party's witnesses, and for discussion of and agreement by the parties as to any desired modifications of the arbitration rules. The AAA arbitrators are generally guided by the decisions that the parties make about how to handle sensitive issues like privacy of proceedings, confidentiality, trade secrets, evidence, proprietary information, and injunctive relief. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/why-use-arbitration-instead-of-going-to-court.html 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 National Center for State Courts found that only 32% of Americans believed they could afford to bring a case in court, and only 20% believed court cases were decided in a timely manner. According to the National Center for State Courts, 87% of those surveyed thought attorneys' fees added "a lot" to the cost of a legal suit. On the other hand, many commentators and courts, including the United States Supreme Court, have found that arbitration is much less costly than litigation. All of the available data show that consumers fare at least as well in arbitration as they do in the court system. This would suggest that there are no significant disadvantages to arbitration, in terms of outcomes. And researchers have found that individual parties receive more of what they ask for in arbitration than they do in court. Arbitration does not limit a party's right to seek a specific solution, but simply shifts the venue for finding that solution from the court system to an arbitration forum. Arbitrators may grant any remedy or relief allowed by applicable law and available to them in court. Arbitration, with its lower fees and faster process, is an ideal avenue for providing justice to Americans who cannot easily access the court system due to cost and delays. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/how-do-you-apply-for-arbitration.html 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 other party then responds. The court can order arbitration, sometimes one party can demand it, or the parties can agree to it. Many states have adopted statutes that require the parties to attempt to arbitrate their dispute before they can go to court. This cuts down on court calendar congestion, and gives the parties a much less expensive method for resolving their dispute before the expense of litigation ­ and time­consuming nature of the court system is entered into. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/what-is-med-arb-and-why-use-it.html "Med­Arb," short for "mediation­arbitration," is a two­step dispute resolution process that borrows from both methods of dispute resolution. Parties attempt to resolve their dispute in mediation, and, if they fail to resolve some or all of their issues, the remaining issues are automatically submitted to arbitration. As it was originally conceived in the 1970s, the same "neutral" (objective facilitator) serves as both mediator and arbitrator, and, therefore, must be skilled in both roles. Over the years, a number of variations of Med­Arb have been established, some using two neutrals and others varying the order of the mediation and arbitration processes. This method can provide the opportunity to reach collaborative settlements with the understanding that any unresolved issues will be decided by a third­party decision­maker. This can reduce pressure on the parties to reach complete agreement in the mediation stage. Arbitration FAQs Thu, 03 Apr 2008 13:38:10 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/are-there-different-forms-of-arbitration-what.html Arbitration can be either binding or non­binding. Binding arbitration is final and generally the outcome cannot be appealed. Non­binding arbitration is generally mandated by the courts and can be appealed. In non­binding arbitration, the disputing parties put their case before an impartial third party who renders an opinion or recommendation, which the parties may choose, or not choose, to accept. Furthermore, arbitration can be a wholly private process, based on the provisions contained in the contractual agreement that informs the arbitration procedures, or "court­annexed." If the process is "court­annexed" then the arbitration takes place within the court system and is governed by local court rules for arbitration. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/how-does-the-arbitration-process-generally-wo.html 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. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/are-the-arbitration-proceedings-completely-co.html Arbitration hearings, unlike trials, are not open to the public. Everything discussed is done so in private and, in the context of the hearing, is confidential. Any matters disclosed during the arbitration are generally not discoverable in future proceedings. This means that anything said during an arbitration can not be used either for or against one of the parties if the dispute ends up in court. The reason for this is that the parties are likely to be more forthcoming with offers of settlement in an arbitration if they need not worry about having "something used against them" in court later on. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/how-is-the-arbitrator-selected-for-the-procee.html Under the rules of the American Arbitration Association, arbitrators are selected by having each side strike (remove) any unacceptable arbitrators from a list of usually between eight to twelve randomly selected names from the AAA list of Arbitrators. These names come from a list of approved arbitrators with expertise in various fields (consumer disputes, employment, etc). Potential arbitrators who are in some way interested in the outcome; e.g. friends of either party or having a financial interest in the outcome of the dispute, are ineligible. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/what-is-the-aaa.html The American Arbitration Association is a private, nonprofit organization that provides guidance and rules for parties to follow in private arbitrations. It also maintains a list of qualified arbitrators with knowledge in specific areas. Although the AAA does nothing to render or enforce arbitration awards, it will assist in the process of arbitration hearings by, among other things, providing meeting places. The AAA`s primary office is in New York but it also has regional offices around the country. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Federal/can-you-choose-your-own-arbitrator-instead-of.html Parties who choose to find their own arbitrator rather than using the services of organizations like the AAA or the National Academy of Arbitration (NAA) can use private sources. Legal publications often have advertisements for arbitrators; local bar associations are another good source for initiating the process of securing an arbitrator. Most arbitrators are retired judges, private attorneys, or citizens with expertise in a particular field. If a privately­chosen Arbitrator is contemplated, it is usually a good idea to thoroughly research that individual. The parties must agree to the choice of Arbitrator. Arbitration FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Mediation-Alternative-Dispute-Resolution/index.html Free Mediation FAQs Alternative Dispute Resolution Sub-categories Sun, 29 Nov 2009 21:52:17 GMT