ARBITRATION
ALTERNATIVE TO EXPENSIVE LITIGATION COST
ARBITRATION
Arbitration is a form of alternative dispute resolution (ADR) in which parties involved in a dispute agree to submit their claims to arbitrators. After considering the evidence and arguments presented by both parties, the arbitrator has the authority to make a decision regarding the dispute.
WHAT IS ARBITRATION?
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Arbitration is a voluntary process, and all parties involved must agree to resolve their dispute through arbitration. This agreement is often specified in a contract or entered into voluntarily after a dispute arises.
VOLUNTARY AGREEMENT
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Arbitration is often considered a faster alternative to litigation in courts. The process can be streamlined, and the parties have more control over the schedule, which can lead to a quicker resolution.
BINDING NATURE
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MBM will coordinate with the involved parties and the appointed arbitrator(s) to arrange the schedule for the arbitration hearing. Although the majority of cases typically involve a single hearing, the arbitrator may decide to schedule additional hearings if deemed necessary.
ARBITRATION HEARING
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The arbitrator has the authority to make a binding decision, known as an award, based on the evidence and arguments presented by the parties. This decision is legally enforceable in most jurisdictions.
ARBITRATOR ATHOURITY
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Arbitration is often considered a faster alternative to litigation in courts. The process can be streamlined, and the parties have more control over the schedule, which can lead to a quicker resolution.
SPEEDIER RECOVERY
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Arbitration proceedings are private and confidential. The details of the dispute, evidence presented, and the arbitrator's decision are typically not disclosed to the public. This confidentiality can be appealing to parties who wish to keep their disputes out of the public eye.
PRIVATE & CONFIDENTIAL
DO YOU NEED AN ATTORNEY?
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Prior to attending your arbitration hearing, it is advisable to craft an outline of your argument to aid in your presentation. Utilizing the checklist provided at the end of this section can be beneficial in guiding your preparation.
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Additionally, it is recommended that you compile a list of questions you intend to pose to the other party before the hearing. This preparation will help ensure you are well-equipped to articulate your case and engage effectively in the arbitration process.
HOW TO PREPARE FOR ARBITRATION
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Opting for arbitration under these MBM rules allows you the option to seek advice from an attorney. Prior to filing a demand for arbitration, parties initiating arbitration have the choice to consult with an attorney.
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Seeking legal counsel is crucial to understanding potential remedies granted in arbitration and effectively presenting your case. While legal representation is not mandatory in the arbitration process, if you desire, you can be represented by an attorney.
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During the arbitration hearing, you will have the opportunity to present your perspective on the facts. Both parties will be able to inquire about each other's positions, and the arbitrator may pose questions to clarify uncertainties and gain a comprehensive understanding of the dispute.
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After both sides have presented their cases and questioning is concluded, you should be ready to provide a summary of your position. Address any unanswered questions and clearly articulate your desired decision, along with the rationale behind it.
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It's important to bear in mind that the purpose of the hearing is to assist the arbitrator in collecting and organizing the facts for a fair decision. Your objective should be to persuade the arbitrator that your stance is justified and aligns with the remedies or outcomes sought through arbitration. If you are uncertain about the available remedies in arbitration, a review of your state's arbitration laws or consultation with an attorney may be beneficial.
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A cooperative and good-faith approach tends to be most effective. While a disagreement exists, maintaining a factual discussion within the bounds of courtesy and conventional language is crucial. Recognize that arbitrators may not possess technical expertise, so conveying your information in layman's terms can enhance the productivity of your presentation.
WHAT HAPPENS AT THE HEARING
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Organize Your Materials:
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Arrange your materials in the order you intend to present them. This ensures a clear and logical presentation of your case.
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Clearly State the Problem:
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Articulate the problem and reasons why you believe the arbitrator should rule in your favor.
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Chronological Actions:
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List the actions taken to resolve the dispute chronologically.
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Individuals spoken to, along with dates and conversations.
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Other involved parties: Who, when, how they became involved, and actions taken.
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Use written statements or witness presence to substantiate facts.
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Collect and Bring Documents:
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Gather all available written information related to the dispute.
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Original documents are preferable; provide copies for the arbitrator and the other party.
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Obtain copies of missing documents from relevant entities.
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Useful documents include agreements, estimates, purchase orders, finance/lease agreements, warranties, repair records, service and maintenance records, and any bills, reports, or statements related to your dispute
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List Witnesses:
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Identify potential witnesses with relevant information, such as mechanics or sales personnel.
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Contact them and request in-person testimony or written statements.
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Keep witnesses informed about the hearing details.
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General Notes:
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The arbitrator accepts all relevant evidence during the hearing, and they assess its importance after the hearing is closed.
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Be overprepared rather than underprepared, as evidence won't be accepted after the hearing if it could have been presented during the hearing or if the arbitrator has already made a decision.
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Remember, a well-organized and comprehensive presentation will strengthen your case during the arbitration process rather than being underprepared.
Please note that evidence won't be accepted after the hearing if it could have been presented during the hearing or if the arbitrator has already made a decision. Remember, a well-organized and comprehensive presentation will strengthen your case during the arbitration process.
MIAMI BEACH MEDIATION CHECKLIST
Click to read relevant rules governing pre-dispute binding arbitration, and to familiarize yourself with the specific terms used in these rules to access the list of defined keywords.
MBM RULES OF BINDING ARBITRATION (PRE-DISPUTE)
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