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Enforcement of arbitration clause is an alternative to more costly litigation.
Act promptly! The right to enforce an arbitration clause can be waived! Do not lose your chance to enforce the arbitration provision of the contract, Call today for a free consultation!
Arbitration is an alternative to litigation. An alternative to costly and lengthy court proceedings and trials arbitration can be a good choice for a client who is looking to resolve disputes in a cost-effective and faster time than taking the more conventional court route. All disputes tend to be adversarial therefore a neutral third party can be used to arbitrate a dispute.
The arbitration usually takes place in a conference room instead of a court room, an arbitrator acts as an informal judge, however there are still rules to follow although they are not formal like a court where you must know how to draft complex documents and know the statues and case laws. There can be an informal discovery process where investigation and evidence collection occur, depositions may also be taken, and testimony is given under oath.
The arbitrator hears both sides, comes to a decision and awards one of the parties.
An Arbitration attorney must first and foremost investigate the case and do research to determine whether a case is justifiable to be pursued, some of the determining factors may be financial costs involved, legal issues at disputes, and the opposing parties’ strengths and weaknesses among other factors. Some case may be settled in an amicable matter. An arbitration attorney would draft legal documents and settlement agreement and both parties would benefit mutually.
Arbitration attorney can work with clients who have a mandatory binding arbitration case, one where a contract was signed, and an arbitration clause was agreed upon. The arbitration clause is usually used to protect parties from lawsuits. Those parties who signed an arbitration clause in the contract basically agree to not sue and they agree that the arbitrator judgement will be final. The arbitration party allows for privacy and confidentiality since nothing discussed is disclosed to the public.
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