Arbitration Law Guide, Resources & information

Arbitration is a substitute for a trial and review of a trial court’s decision by appellate courts.

Arbitration is a process in which one or more arbitrators hear evidence from the parties to a dispute and then gave an "Award" that decides who gets what. In some instances the arbitrator may also accompany the Award with an Opinion explaining the reasoning that led to the Award. Arbitration is different from Mediation.

Appealable issues are commonly limited to "final judgments."Exceptions to the "final judgment rule." They include: instances of plain or fundamental error by the trial court, questions of subject-matter jurisdiction of the trial court, or constitutional questions.

The arbitrator is likely to ask about the nature of the case, the parties, and possibly prospective witnesses. That is so she can determine whether she has any potential conflicts of interest. Most arbitrators attempt to disclose even remote matters, so that the parties will have the utmost confidence in them. Either party can decline to use an arbitrator after the disclosures are made – for any reason at all. The reason does not have to be disclosed to the arbitrator or the other side. In that case both parties will have to mutually agree upon a new arbitrator.

All that it takes is for the parties to agree upon a specific arbitrator and contact that arbitrator to determine if the person is willing to take the case. Where you have agreed to have the arbitration handled according to the rules of a particular association, the association may handle the process for you. For example, the States Arbitration Association has panels of arbitrators. It provides a list of arbitrators and sends it to the parties and they choose an acceptable arbitrator from that list.

Know your rights and exercise them for a safe, better future.