Arbitration is a private process in which disputants bring their matter to a neutral third party to consider their arguments and evidence and much as a judge would, render a decision for them based on the merits of the case.
Arbitration is more formal than mediation and faster than trial. As with trial, arbitration follows a set of rules and procedures, and the parties make opening statements and present evidence to the arbitrator. Resolution Remedies can conduct your arbitration according to statute, contract, or the rules of another ADR provider.
Once the parties have selected an arbitrator, we will check for conflicts and circulate arbitration disclosures. After the disclosure period concludes, we set an initial teleconference with counsel and the arbitrator to set the hearing date(s), briefing schedule, and pre-hearing deadlines.
Soon after the hearing, the arbitrator issues an award. Resolution Remedies’ arbitrators give a “reasoned” award, which means that they provide the context and analysis for their decision.
The arbitration can be binding or non-binding. With binding arbitration, the arbitrator’s decision is final and can be enforced in court. This finality can provide relief and an “end in sight” to disputants who prefer to avoid prolonging the process.
With non-binding arbitration, the arbitrator’s decision is merely advisory and can be final only if accepted by the parties. With non-binding arbitration, the parties retain the option to pursue mediation, binding arbitration, or trial.
Arbitration’s rules and structure keep the proceedings on track and on schedule, which saves time, avoids anguish, and prevents runaway legal costs.
Although arbitration is something like trial, the arbitration hearing and the award are kept confidential so the parties can maintain their privacy.
Resolution Remedies can conduct arbitration in person or via Zoom videoconference. We provide food and beverages in person, and a Zoom facilitator for videoconferencing. See Resolution Remedies and American Legal Video Solutions’ guide to Zoom arbitrations here.