Free Arbitration FAQs | Free Arbitration Legal FAQs

Are Companies Required To Inform Stockholders Of Their Involvement In A Lawsuit?

Sun, 13 Jun 2010 15:20:34 GMT

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 concerning litigation that is considered routine to their business. They must do so for mergers or acquisitions.

What Is Arbitration?

Tue, 29 May 2007 20:19:00 GMT

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

What Is Mediation?

Thu, 09 May 2013 19:24:02 GMT

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 by advising and listening to all sides, and whom helps the parties arrive at a mutually agreeable ("winwin") settlement. A mediated settlement is nonbinding. This means that if any party in the dispute is unhappy with outcome, that party may opt not to sign a settlement agreement and instead continue negotia

Can I Get Information Concerning The SEC's Ongoing Investigation Of A Public Company?

Tue, 29 May 2007 20:19:00 GMT

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 policy is exists to protect innocent individuals and companies, and to prevent the tippingoff of those under investigation.

How Do We Get To Mediation?

Tue, 29 May 2007 20:19:00 GMT

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. However, it is increasingly common for parties engaged in business to include dispute resolution clauses in their commercial contracts, stipulating that in any future disputes, mediation will be attempted first. And in some situations, such as divorce and custody cases, minor criminal matters, and other civil matters, mediation is incre

Why Use Arbitration Instead Of Going To Court ("litigation")?

Tue, 29 May 2007 20:19:00 GMT

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 ot

How Do You Apply For Arbitration?

Tue, 29 May 2007 20:19:00 GMT

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

How Much Time Is Required To Schedule A Mediation?

Tue, 29 May 2007 20:19:00 GMT

Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define the time parameters for each stage of a case. Thus, the mediation process is generally much speedier than the litigation process, with timing of mediations dependent only upon the availability of the parties, any representatives attending the mediation, and the mediator him or herself.

Is It Possible To Obtain The Results Of An Sec Investigation?

Tue, 29 May 2007 20:19:00 GMT

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 the SEC.

Is It Possible To Find Out If There Have Been Complaints Filed With The SEC About A Particular Company?

Mon, 25 Apr 2011 18:27:41 GMT

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.

What Is "Med-Arb" And Why Use It?

Thu, 03 Apr 2008 12:38:10 GMT

"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 r

Who Starts First In Mediation?

Tue, 29 May 2007 20:19:00 GMT

There is no set format for the actual mediation process. However, as a general rule, all mediations involve a series of joint and separate meetings. The first step is a joint meeting in which all sides meet with the mediator who describes the mediation process and then reviews the ground rules for participation, behavior, and confidentiality. The participants also discuss issues such as the role the mediator will play, who will represent each side during the discussions, who has authority

Are There Different Forms Of Arbitration? What Are The Differences?

Tue, 29 May 2007 20:19:00 GMT

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 cont

What is the difference between court and arbitration?

Mon, 14 May 2012 18:05:42 GMT

In an arbitration proceeding there are no juries and the rules of evidence do not apply. Arbitration is usually faster and less costly then litigation in a court setting.

Who Keeps Things Under Control?

Tue, 29 May 2007 20:19:00 GMT

After the initial airing of rules and views, the mediation enters a problemsolving phase. During this phase, often called the "Caucus Phase," the mediator holds one or a series of private meetings, or caucuses, with each party. At this point, the mediator literally conducts "shuttle diplomacy" he or she shuttles between or among the parties, probing each side's position, asking questions, assessing the merits of each argument, narrowing the issues by identifying wh

How Does The Arbitration Process Generally Work?

Tue, 29 May 2007 20:19:00 GMT

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

What Happens When An Agreement Is Made In Mediation?

Tue, 29 May 2007 20:19:00 GMT

Once the case is settled in a way that is agreeable to all sides, the mediator and/or parties will draft a document outlining the terms of the agreement and stipulating how it will be implemented. It may be circulated and edited further as necessary. As stated earlier, the outcome of a mediation is nonbinding. Either side may reject a proposed settlement. If this occurs, the side objecting to the settlement may consent to work toward a new settlement, or it may give up and proceed to a

Who Decides Whether The Case Is Litigated In Court Or Arbitration?

Mon, 04 Jun 2007 20:51:22 GMT

Many brokerage account agreements contain an arbitration clause requiring that any future disputes be resolved through arbitration rather than litigation. While arbitration is an effective, often advantageous, method of resolving a dispute, signing an agreement may mean that arbitration is the only forum other than mediation available to you. Even without signing an arbitration agreement, you would still have the right to seek arbitration of disputes as an option under most securities industry r

Are The Arbitration Proceedings Completely Confidential?

Tue, 29 May 2007 20:19:00 GMT

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 settlem

How Does Arbitration Work?

Tue, 29 May 2007 20:19:00 GMT

In arbitration, a panel of one to three arbitrators hears and weighs the arguments and evidence of both sides of a case, then renders a binding decision. The arbitrators generally include at least one person with extensive securities knowledge and can also include accountants, attorneys, sales representatives, bankers, educators, retired judges and other professionals. Unlike court proceedings, arbitration usually doesn't involve lengthy oral depositions, motions, or appeals.

Is Mediation Voluntary?

Tue, 29 May 2007 20:19:00 GMT

Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is reached, these mediated agreements are more likely to be complied with by the parties to the mediation, than are decisions imposed by arbitrators or judges.

Do I Need An Attorney For Mediation? Who Else Should Attend?

Mon, 04 Jun 2007 20:51:22 GMT

Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written agreement is drafted as soon as settlement is reached, and it is best that the people authorized to sign such a document are present. Important decisionmakers include everyone who has a stake in the final outcome and whose authorization is necessary to achieve a settlement. Sometimes these stakeholders are actually external to

How Is The Arbitrator Selected For The Proceeding?

Tue, 29 May 2007 20:19:00 GMT

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 inte

Who Conducts The Arbitration Proceedings?

Tue, 29 May 2007 20:19:00 GMT

The three main forums for resolving securities arbitration disputes are; The American Arbitration Association, The New York Stock Exchange and The National Association of Securities Dealers, Inc. The arbitration clause in your new account form with your broker may include the names of these organizations, and will often give you the option of choosing which one you will use.

Is A Lawyer Required For Arbitration?

Sun, 16 May 2010 16:14:12 GMT

There is no requirement for you to be represented by an attorney in the arbitration. But you should realize that the large brokerage company would typically have teams of lawyers working for them in their legal departments. The brokerage company and broker may often also retain an outside law firm to vigorously defend their interests. If you appear without legal counsel you will find yourself at a severe disadvantage and by the legal representation of the opposition. A customer should consider r

What Is The Aaa?

Tue, 29 May 2007 20:19:00 GMT

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 cou

Can You Choose Your Own Arbitrator Instead Of Going To The Aaa?

Tue, 29 May 2007 20:19:00 GMT

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

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