Hologram Communications
Conflict Energy and the Resolution Processes
ARBITRATION
First, the parties agree to arbitration. They file a written agreement to arbitrate which states that they will abide by the decision and that they give up their right to settle the dispute in any other manner. Many arbitration agreements are standard contract clauses. Second, the parties choose a third party neutral, who has the authority to decide on the solution to the dispute. The parties can agree on the process such as limiting discovery, or choose which laws to work with.
Normally, the plaintiff presents their case to the arbitrator. The defendant then has the opportunity to dispute the evidence and cross examine witnesses. The plaintiffs have the same opportunity after the defendant presents their case.
The arbitrator usually has 30 days to review the evidence and render a decision. The arbitrator presents the parties with a written decision which is filed in the court. The decision of the arbitrator is legally binding by the power of the state in which is was file in. When an arbitrator makes a decision, they have imposed a reality on to the parties.
The decision from the arbitrator is much faster than writing to get a trial date. The cost is much less than litigation, generally because the legal fees for discovery are much less. Although the parties give up their right to make their own decision about the solution, they can still choose how to operate the process. Arbitration is good to use with international disputes, where laws are different. E. Disadvantages The written decision may not have an explanation, and doesn't have to follow legal precedent fully. Once a decision has been rendered, you also give up your right to an appeal in most cases.
Arbitration is much faster than litigation. Once an agreement to arbitrate has been filed, a decision could be made as soon as 30 days. Discovery is usually limited, which would speed up the proceedings. Because an arbitration decision is final, the time would also be limited since there can be no appeals.
Depending upon the formality of the Arbitration, the language used is generally formal, but not as formal as in litigation. Because arbitration can be designed to fit the parties needs, an arbitrator who is an expert is a particular field, may be able to understand the dispute more fully than a judge who is only an expert in the law.
Compliance is medium, depending upon the relationship of the parties. Generally people don't like other people making decisions that concern their life, so acceptability is low.
