General Information on Arbitration |
Date Added: March 04, 2010 07:52:08 PM |
Author: Administrator |
Category: Arbitrators/Mediators |
General Information on Arbitration The Arbiter shall require the parties to state the facts; and to produce the necessary documents in their favor. The parties, with the aid of their Arbitration lawyers, may use the rules of discovery based on their mutual arrangement. Also, the parties may agree on the terms on confidentiality of information; the evidence, as well as the issues to be presented.Next is the Actual Arbitration Hearing. The arbiter shall ask each party to present to him or to the tribunal their documentary and testimonial evidence. The parties shall be given a chance to rebut or to cross-examine the evidence of the other side. They will also be given a chance to make their closing statements and conclusions.The last process is the Arbitration Decision to be laid down by the Arbiter or Arbitral Tribunal after careful deliberation and examination of facts and arguments. The arbitration decision is final and executory.What are the Advantages of Arbitration?1. The issues involved in arbitration are usually more technical than those presented before ordinary courts. Hence, arbiters holding appropriate degree of expertise handle them.2. It is often faster than court litigation.3. It is less costly than court proceedings.4. It is faster than court proceedings.5. It involves limited issues.6. Arbitral proceedings and awards are usually kept private.7. Its awards are easier to enforce than court decisions because of specific arbitration laws and regulations.8. It has usually limited avenues for appeal making the judgment final and executory. What are the Disadvantages of Arbitration?1. Consumers purchasing a product or Workers accepting work are usually not informed beforehand that they have already been forced into mandatory pre-dispute arbitration.2. In mandatory pre-dispute arbitration, the parties must, in advance, waive their right to access judicial courts.3. Parties pay for the Arbiters.4. Attorneys' fees are usually not recovered.5. Some Arbitrators are biased and rule in favor of the party who gives them more incentives. This usually happens on arbitration between employers and workers.6. Erroneous decision cannot be questioned because of limited avenues for appeal.7. More difficult to set hearing dates when there are multiple arbiters.8. Arbitral awards have less enforcement remedies than court decisions.9. Arbitrators are generally not allowed to enforce interlocutory measures.10. Arbitrators are more likely to make decisions based on their personal ideas.11. Bribery and prejudice is commonHow can Arbitration Lawyers help me?Arbitration lawyers can help you obtain a favorable judgment by following the required process of arbitration; making use of its advantages; as well as figuring out how to limit its disadvantages. If you are within Los Angeles, California and you need an Arbitration Lawyer, choose someone who has a high degree of expertise and experience on the topic subject to arbitration.To help you improve employee-employer relations through arbitration, you can seek the assistance of our skilled Los Angeles labor lawyers. You can log on to our website and avail of our free case analysis. |
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