What is the first step in arbitration?

• Introduction. ...
• Preliminary issues. ...
• Outline and narrowing of issues in dispute. ...
• Hearing of evidence. ...
• Concluding arguments. ...
• Arbitration award.

How long does it take to initiate arbitration?

A matter may proceed to arbitration usually in a matter of months, instead of the several years it may take to have a case heard in court. The matter is heard in a conference room, as opposed to a courtroom. Courtroom rules of evidence are not strictly applicable, and there is usually no significant motion practice.

How long does it take to receive the outcome of the arbitration?

The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration.

What kind of cases go to arbitration?

Arbitrators hear various types of cases, from small disputes between neighbors to million-dollar business conflicts. Unlike mediation, which is less effective in cases where questions of law represent the key elements of the dispute, arbitration is often used for complex legal disputes.

What to expect in arbitration hearing?

During an arbitration “hearing,” the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.

How is arbitration paid?

Parties submit arbitrator compensation to the AAA ahead of time so that the arbitrator is paid for all work she or he does on the case. The AAA then sends the compensation to the arbitrator. If the case ends before all the money is used, the AAA refunds it to the parties who paid it.

Are arbitration decisions final?

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

How do parties end up in arbitration?

Arbitration only comes about when two parties agree to it, either before or after a legal dispute comes up. For this reason, agreements to arbitrate disputes are typically found somewhere in a written contract agreed to by both parties. Still, this doesn't mean that agreements to arbitrate are rare.

What happens after demand for arbitration?

The Arbitration Process

The demand generally describes the parties, the dispute, and the type of relief sought. The opposing party usually responds in writing, indicating whether they believe the dispute is arbitrable. If the dispute is arbitrable, the parties then select an arbitrator or panel of arbitrators.

How do you win an arbitration case?

What is the general rule of arbitration?

Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.

What are the keys to successful arbitration?

Can you negotiate in arbitration?

Contractual undertakings to negotiate are increasingly enforceable before the arbitrators. Even where there is no provision for negotiation, parties can choose to negotiate at any time. If parties want to opt for negotiation, they will have to invest in the planning for the same.

What happens if you lose in arbitration?

If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.

Who goes first in arbitration?

In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.

What is the average arbitration settlement?

On average, consumers won more money through arbitration ($68,198) than in court ($57,285). Arbitration disputes were resolved on average faster (299 days) than in litigation (429 days).

What voids an arbitration?

The issue or dispute is not covered by a valid arbitration agreement, such as when there is an issue the parties did not agree to arbitrate; The arbitration was tainted by fraud; and/or. Misconduct on the part of the arbitrator that affected their decision.

What are the odds of winning in arbitration?

Arbitration is often in a condition of employment. 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.

Are both parties present at arbitration?

(a) Presence of arbitrator and parties

All evidence must be taken in the presence of the arbitrator and all parties, except where any of the parties has waived the right to be present or is absent after due notice of the hearing.

Do consumers ever win in arbitration?

The study found that in claims initiated by consumers: Consumers were more likely to win in arbitration (almost 42 percent) than in court (about 29 percent).

What is the award of arbitration?

The arbitral award or arbitration award refers to an arbitration hearing decision made by an arbitration tribunal. An arbitral award is equal to a court judgment. An arbitral award may be non-monetary in nature where the claims of the entire claimant fail and there is no need for any party to pay any money.