Making the decision to arbitrate:
- Deadlock Arbitrationsm can be used to resolve deadlock arising out of the Collaborative or Mediation process.
- After deadlock, attorneys discuss arbitration with their clients. Pro se litigants discuss arbitration between themselves.
- If all agree, an Arbitration Agreement is executed.
The basic arbitration agreement provides for:
- Confidential and private proceedings;
- Issue selection and limitation;
- Binding awards (there may be a high/low agreement);
- Any other provision agreed upon;
- The admission of all evidence which is then given the weight determined appropriate by the arbitrator; and
- The time and location for the arbitration hearing.
Benefits of arbitration:
- Provides privacy – for example, hearings are not open to the public.
- Provides confidentiality – for example, testimony and documentary evidence are not available to the public.
- Avoids unnecessary costs – for example, affidavits may be used instead of in person expert testimony.
- Avoids unnecessary delays – for example, there are no unexpected court like delays.
Points to consider:
- Speed – hearings can be scheduled within days and decisions awarded within weeks.
- Single issue determination – arbitration can be used to resolve only one issue, e.g., the final “sticking point”.
- Arbitration awards are generally not subject to appeal.