What is an arbitrator vs judge?

Is it better to settle or go to arbitration?

An arbitration hearing is far more private. It only involves you, the other party, and a few neutral third parties. Arbitration is the better choice if your case has anything to do with intellectual property, trade secrets, or other confidential information.

What are two disadvantages of arbitration?

If one party feels the decision is erroneous, there is very limited opportunity to correct it. There are many cases in which arbitration can become more expensive than court proceedings. Quality arbitrators can demand substantial fees that would not apply in court.

What not to say during arbitration?

Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.

Who pays arbitration fees?

Party arbitrator fees and expenses required by a pre-dispute arbitration agreement are to be paid entirely by the party selecting and retaining the party arbitrator.

What happens if you lose in arbitration?

What Happens If You Lose in Arbitration? Losing in arbitration means the arbitrator's decision goes against you and the arbitrator may issue an award. This could involve paying money damages, returning property, paying the other party's arbitration or legal fees, or taking some other action.

What is the biggest problem of arbitration?

One of the biggest faults I see in arbitration is that it is strictly adversarial, meaning that there is a person, or in some cases a panel of people, whose job it is to make a decision. They must determine a winner in a dispute. Arbitration leaves no room for finding a solution to the problem.

What powers does an arbitrator have?

Arbitrators have the same powers courts have when deciding civil (non-criminal) cases. They can require witnesses to testify and to bring documents or other relevant items to the hearing. They can consider written evidence in the form of Affidavits.

How long does arbitration usually take?

Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.

Should you ever agree to arbitration?

Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.

What comes after arbitration?

The Circuit Clerk will mail the Award of Arbitrators and a Notice of Award to all parties. The Notice of Award will provide the next court date for the case. On that status date, if no rejection is filed, a party must move for entry of judgment on the award or enter a dismissal order.

How long is the arbitration process?

However, when a conciliation matter remains unresolved the party can refer the matter to arbitration. This is a 90-day process.

What happens if one party doesn't agree to arbitration?

Seeking a Court Order: In some cases, the party seeking arbitration may file a motion with the court, asking the court to compel the non-participating party to participate in the arbitration process.

How much does AAA arbitrator charge per hour?

Anecdotal and off-the-record conversations suggest that AAA arbitrators charge as little as $300 and as much as $1,150 an hour (with a few “superstars” charging significantly more) and that rates tend to be highest in the largest markets of New York, Los Angeles, and San Francisco.

Who attends arbitration?

Who must attend the arbitration? Parties must attend the arbitration hearing, and may be represented by an attorney. The arbitration hearing may proceed and an award issued in the absence of a party who, after due notice, fails to be present or to obtain a continuance.

What are the odds of winning arbitration?

Odds of winning in employment arbitration

For example, an employee complained that she's been biased and unfair. For example, research by Colvin reveals employees win 36.4 percent of discrimination cases in federal court and 43.8 percent in state court, but only 21.4 percent in arbitration.

What are 2 disadvantages of arbitration?

What Cannot be solved by arbitration?

Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.

Why avoid arbitration?

You May End Up in Court Anyway

An arbitrator has the power to make orders and to make decisions. But an arbitrator can't enforce them. If you want an enforceable injunction or judgment with the right to collect, you will have to go to court.

How much can you win in arbitration?

Consumers won some relief in 53.3% of the cases they filed and recovered an average of $19,255; business claimants won some relief in 83.6% of their cases and recovered an average of $20,648. The upfront cost of arbitration for consumer claimants in cases administered by the AAA appears to be quite low.

Would you prefer arbitration or a court hearing to resolve an issue?

Additionally, arbitration can be faster, often resolving disputes more quickly than court cases, which can drag on for years. Another advantage is confidentiality. Arbitration proceedings are typically private, whereas court cases are a matter of public record.