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Arbitration

In an Arbitration, the disputing parties must agree that their dispute needs assistance from a third-party to reach a solution to their dispute. The parties enlist the services of an arbitrator (third party). 

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This legal concept has existed for almost a century. Arbitration functions as a private process. The arbitration process is similar to a courtroom trial but it’s a less formal process. Arbitration is unlike mediation. That’s because a mediator can't dictate a lasting, binding decision. But a neutral arbitrator has the authority to provide an award that resolves a dispute.

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The arbitration process usually takes less time than a traditional US trial. Arbitration hearings usually last between a few days to a week. Many people prefer arbitration over court litigation. That’s because arbitration is usually cheaper and faster.

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There is always one main goal when it comes to arbitration in law. And that is to gain a fair resolution that solves a disputed problem.

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Single Arbitrator or an Arbitration Panel

Parties can decide on a single arbitrator if all parties are in agreement on a single person. Or parties can decide on a three-person arbitration panel. In a panel each party will select one arbitrator, then, the two parties together will agree on a presiding arbitrator.

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Arbitration Process

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Opening Phase

The arbitration panel, or a single arbitrator, meets with the parties and asks each party to make an opening statement describing their perspective of the case and what they are looking for regarding a settlement.

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Presentation of Evidence

During the arbitration, the panel will ask each party to present any evidence they have supporting their position . Each party will be asked questions by the arbitrators to clarify or expand issues as needed.

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Deliberation & Award

The panel will conclude the arbitration hearing and begin to deliberate the case. After reaching a conclusion, the arbitration panel will issue a written decision and award, which is usually enforceable under both state and federal law. The panel will usually issue their decision within four weeks of the last hearing.

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