Most people think arbitration is a term familiar to big brands and bodies alone, but only few are aware that arbitrations can also be used to settle grievances in even smaller disputes like a condo association or home owners associations. Most times, it is the best alternative to litigation and lawsuits. Sacramento Arbitration is of different types, and though the terms can be quite confusing, this article aims to explain it in a simpler light.
Daniel Yamshon is one of the highly skilled mediators with many years of experience in the field of Alternative Dispute Resolution. It is important to mention that arbitration laws vary depending on state, while some may specify you pay the arbitrators others do not. Arbitrating proceedings are usually decided by both parties. Arbitration terms are agreed beforehand and it can rule out judgments on the backings of a competent court.
Weigh the benefits of Arbitration
By putting pen to paper on the arbitration agreement, the parties agree to some terms
- They agree that disputes are open to arbitration; hence no shady behaviors during the case would be condoned.
- By acknowledging the bodies to undertake the arbitration, the parties coherently agree to new set of rules and laws that bind similar arbitration cases.
- The venue for the arbitration hearing is decided
- Both parties would agree that competent arbitrators relevant to the dispute be selected to resolve the dispute. For example an aviation arbitrator for flight disputes.
- The parties agree on the number of arbitrators to hear the evidence, and must ensure that certified and competent arbitrators are chosen. The smaller the arbitrator panels the less expensive and cumbersome the matter gets.
- Discovery proceedings are very limited , making the case cheaper and less time consuming for both parties
- Another clause can be inserted in the agreement to demand that the cost of the arbitration process be covered by the losing party after the arbitration process. This ultimately encourages both parties to reach a settlement quickly. Arbitration hearings are not bounded by formal rules of evidence, nor the rules of procedure utilized and required by law.
Comparisons to Court Litigation
Court litigation usually involves the traditional legal proceedings and formal presentation of evidences. However, decisions in court rulings are subject to appeals. However Sacramento arbitration rulings cannot be appealed against and parties are bounded by the terms they initially agreed upon. Arbitration rulings can also be backed and enforced by a court.
Careful Planning Makes Better Contracts
Parties at loggerheads in a dispute need to weigh their options and decide whether arbitration is a more convenient option than a formal court hearing. They must understand that arbitration hearings in Sacramento may be less informal and reach a quicker ruling, but judgments’ cannot be appealed against. A professional Sacramento arbitrator should help look over the contract clauses to ensure that terms are fair prior to an agreement.