HOW DO YOU PREPARE YOUR CLIENTS TO PARTICIPATE IN ARBITRATION
A contract that includes an agreement to arbitrate disputes usually outlines some key features relating to the future arbitration. The rules and procedures that will be used in an arbitration are typically part of this agreement. Parties can choose to appoint arbitrators by agreement or selecting from a list of arbitrators. Rules can establish timelines for resolving a dispute, for example, how long hearings should last.
Also, Rules of evidence can be complex in ordinary litigation. They are typically more relaxed in arbitrations allowing more evidence to be considered.
The beginning of the arbitration process involves one party giving notice to another of their intent to arbitrate a dispute, informing them of the nature and basis for the proceeding. The other party then gets a period of time to respond in writing, indicating whether they agree to resolve this dispute via arbitration. Once it is established that the disagreement will be resolved in an arbitration, the arbitration process itself begins, based on the rules and procedures selected by the parties or specified by contract. After this, the process is somewhat similar to a courtroom trial. Parties make arguments before the arbitrator(s), call witnesses, and present evidence to establish and defend their respective cases. The rules for an arbitration hearing may differ from those of a courtroom, however, and opportunities to question or cross-examine witnesses may be more limited. Once the hearing is concluded, an arbitrator or panel is given a certain amount of time in which to consider the decision and make a ruling.
A step by step process of Arbitration:
1. Filing and initiation. One party files a Demand for Arbitration, which starts the process.
2. Arbitrator selection. Both parties work to select an arbitrator, one they can agree on and who can meet their needs based on the nature of their dispute.
3. Preliminary hearing. Parties meet to discuss substantive case issues, information exchange, witness lists, etc.
4. Information exchange and preparation. Parties share information and arbitrators handle any related challenges.
5 Hearings. Parties present evidence and testimonies before the arbitrator.
6. Post hearing submissions. If necessary, parties submit additional information to the arbitrator.
7. Award: The arbitrator renders a decision (award) and closes the case.
WRITTEN BY: CHAMAN LAW FIRM TEAM
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