Private Arbitration
What Is Arbitration?
Arbitration is a private method of resolving disputes outside of the traditional court system. Rather than presenting a case before a judge or jury, the parties agree to have their dispute decided by a neutral third party known as an arbitrator.
During the arbitration process, each party has the opportunity to present evidence, submit relevant documents, call witnesses if appropriate, and explain their position. After considering all of the information presented, the arbitrator issues a written decision, known as an arbitration award.
Many individuals and businesses choose arbitration because it can often provide a more efficient, confidential, and flexible alternative to traditional litigation. Arbitration also allows the parties greater control over scheduling and the selection of a qualified neutral to hear their dispute.
Arbitration Process
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Initial Inquiry
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Every matter begins with an initial inquiry. During this stage, the parties may contact Porter & Lambert Resolution to discuss the nature of the dispute, determine whether arbitration is an appropriate option, and receive information regarding the arbitration process, scheduling, and applicable fees. This initial conversation is intended to answer procedural questions and does not include legal advice.
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Demand for Arbitration
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Once the parties agree to proceed, the arbitration process formally begins with the submission of a Demand for Arbitration. This document identifies the parties involved, summarizes the dispute, states the relief requested, and includes any required filing fees or supporting documentation. Once the demand has been accepted, the matter will be assigned for administration and scheduling.
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Pre-Hearing Preparation
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Prior to the hearing, the parties will receive scheduling information, submit relevant documents, exchange information as required, and participate in any necessary pre-hearing conferences. This stage allows both parties adequate time to prepare their case while ensuring the arbitration proceeds in an organized and efficient manner.
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Arbitration Hearing
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The arbitration hearing provides each party with an equal opportunity to present evidence, explain their position, respond to the opposing party, and, when appropriate, present witness testimony. The hearing is conducted in a fair, respectful, and impartial environment where both parties are given a full opportunity to be heard.
Depending on the circumstances of the case, hearings may be conducted in person or virtually.
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Impartial Decision
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Following the hearing, the arbitrator carefully reviews all testimony, evidence, and applicable agreements before issuing a written arbitration award. The written decision explains the outcome of the arbitration and resolves the issues submitted for determination.
The arbitration award is issued only after all required fees have been paid in accordance with the applicable fee schedule.
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