Arbitration is a process for resolving controversies outside of the courts. The process is similar to an informal trial where an independent third party (the “arbitrator”) hears evidence and testimony from both sides and issues a determination or award. Arbitration is usually faster, less expensive, and less complicated than litigation and often affords confidentiality protections. While disputing parties can voluntarily agree to arbitration, many commercial contracts include clauses requiring parties to submit their disputes to arbitration.
An arbitration proceeding may involve a single arbitrator or a panel of arbitrators. In most cases, the arbitrator(s) are appointed directly by the disputing parties, but in some situations, a court or other external body may make the selection. Often when the dispute is to be heard by a panel, each party will appoint one arbitrator and the arbitrators then select the third member of the panel.
In some cases, the disputing parties will have the right to agree upon whether the arbitration will be binding or non-binding and, in other cases, a contractual provision may specify whether the arbitrator’s decision is binding. In binding arbitration, the arbitrator’s award is final and can only be overturned by a court in extremely rare cases, such as where fraud, corruption or misconduct took place. Unlike binding arbitration, in non-binding arbitration, the arbitrator’s award is not final and the parties are free to take their dispute to court or attempt to resolve it by other means.
Our Arbitration Services
The attorneys in Johnson Pope’s ADR Practice Group serve as arbitrators in connection with a wide array of subject matters, including disputes involving:
- Commercial Litigation
- Creditor’s Rights
- Health Care
- Intellectual Property
- Personal Injury
- Real Estate
- Trusts and Estates
The members of our team have the knowledge and background necessary to effectively handle complex, high-profile arbitration proceedings. We are recognized professionals and members in good standing of organizations that provide arbitration services in our diverse areas of practice.