What is arbitration? Generally speaking, what people really mean when they talk about “arbitration” is “binding arbitration”. “Binding arbitration” is a type of ADR (alternate dispute resolution which usually includes mediation, arbitration, neutral case evaluation and some other ways of solving suits without recourse to court).
Given the budget cuts and the increasing overload, the bandwidth to handle cases coming through the civil court is less while the number of filed cases increases. This backlog creates an assortment of problems, among them being excessive delays and added weight upon the court.
Thus arbitration is increasingly becoming a more viable option. With streamlined procedures, an eye on quick resolution, binding arbitration can resolve disputes that can drag on for years. It is true that one can pay a premium for an arbitration. For example, some judges charge as much as $8,000 per day to hear an arbitration. But how much will you have paid after 3 years of court? As the saying goes: justice delayed is justice denied.
What is an arbitration?
Arbitration is an informal process where the sides can agree to certain procedures, appoint a “neutral” also known as an arbitrator who can hear and decide the matters the same as a judge. They are often retired judges. Their decisions are binding upon the parties who agree to use them. They do not necessarily have to follow all the rules and procedures in place in our courts, but frankly, if you know something about the law, you know this can at times be the case anyway. Thinking that arbitration is unfair because you don’t have as many rules doesn’t take into account that a judge who knows his job can skirt many of the rules anyway to make the decision he or she wants to make. There isn’t going to be any more or less bias in an arbitration than in a court, more than likely. It can be just as fair, but a lot cheaper and quicker in the long run.
I am an experienced arbitration attorney who can help you solve your case quicker, cheaper and easier if the option is available to you through contract or other means.
