Arbitration provides an alternative method of resolving disputes. Arbitration may be less public, less costly and less adversarial than litigation and, unlike mediation, arbitration does not rely on the cooperation of the parties to a disagreement in order for a resolution to be reached. The process of arbitrating a dispute can vary depending upon the circumstances and the complexity of the issues, so it can be difficult to predict how long arbitration will take.
Throughout the arbitration process, it is important to be represented by a qualified and experienced alternative dispute resolution lawyer who can represent your interests and provide you with legal advice. The results of arbitration are generally binding, which means that you will need to live with what the arbitrator has decided is an appropriate resolution to your disagreement. Your attorney can help you to put together a compelling case to present to the arbitrator so you can maximize the chances of a successful outcome. Contact Sepahi Law Group, APC to speak with an experienced San Diego arbitration lawyer who can help throughout your case.
How Long Does the Arbitration Process Last?
Arbitration may be used if two parties to a disagreement decide at the time that they wish to resolve the issue in arbitration. However, it is also common for this decision to already be made by the time a disagreement arises. For example, many construction contracts, employment contracts and contracts for consumer products contain arbitration clauses that dictate that a disagreement must be resolved by an arbitrator and not through litigation. A contract may specify the terms and process by which the arbitration will occur, or parties can decide at the time of the disagreement on how the arbitration process should go.
If one of the parties to a disagreement tries to pursue litigation, the claim can generally be dismissed in court as the arbitration agreement will be enforced. However, this can delay the process because you will first have to go through the steps of getting the disagreement dropped from the court room and initiating the process of arbitration. If both parties recognize that they must turn to an arbitrator, then you can get started more quickly.
Once an arbitrator has been contacted, the arbitration process may start in as little as a few days to a week. Unlike having to wait to get on the court docket, you usually can get an arbitrator to schedule your arbitration rather quickly. All of the parties involved in the disagreement must attend the arbitration and, ideally, should each be represented by their own attorney. Each party will have the opportunity to present evidence and make a case to the arbitrator. Depending upon how formal or information the arbitration process is, the arbitration may proceed in a similar way to a trial. Witnesses may even be called.
The length of time that this process takes will vary depending upon the circumstances, but it usually lasts a few days or a few weeks. The arbitrator then makes a legally binding decision that the parties must abide by unless they appeal. If an appeal occurs, the decision of the arbitrator will stand unless there was some significant problem with the process of arbitrating the issues.
A San Diego arbitration lawyer at Sepahi Law Group, APC can provide advice and representation throughout the arbitration process. Call today to schedule a consultation and learn more.