Alternative dispute resolution is increasingly common when disagreements arise in the business world. Whether you have a dispute over a product or warranty, a disagreement over contract terms with a supplier or a variety of other issues, going to court may not be the best approach to solve your problem. Arbitration can be more private since the dispute does not have to become public record like when your case goes to court. Arbitration can also be quicker and less expensive than litigation and you can choose an arbitrator with knowledge of your industry so a better decision may be reached than might have been made by a judge.
Because of the myriad benefits associated with arbitration, parties may choose this approach to resolving a dispute at the time when the disagreement arises. An arbitration clause contained in a contract will also be enforceable when a disagreement occurs, which means you may have your dispute sent to arbitration even if this approach is not necessarily the one you would have chosen at the time. Whether you voluntarily submit to arbitration or arbitrate a dispute because you have no choice, it is important to understand your role during arbitration. The San Diego business law attorneys at the Sepahi Law Group, APC can represent you during the arbitration process so you will be prepared and ready to make your case.
Understanding Your Role During Arbitration
Your role during arbitration is to try to convince an arbitrator to agree with your arguments or take your position on a disputed issue. When a case is submitted to arbitration, the arbitrator will hear evidence and arguments presented by both parties. The process of presenting evidence can sometimes be very formal, like in a courtroom. The process of making your case could also be more informal, depending upon who the arbitrator is and what the terms of the arbitration are. In any case, however, the arbitrator is going to need to take into account the facts and arguments made by each of the parties to a disagreement.
Unlike mediation, where the goal is to facilitate compromise and the mediator remains neutral, an arbitrator will be responsible for coming to a decision on the case. The parties to the arbitration are going to be bound by the decisions that the arbitrator makes. While you can try to appeal the decision that comes out of arbitration, typically the outcome of the process will be reversed only if there were major procedural problems in the way that the case was handled and the way the arbitrator decided. A judge won’t simply substitute his own opinion for the decision of the arbitrator in an appeal.
Since the decision of the arbitrator is likely going to dictate how your disagreement is resolved, your role during arbitration is a very important one as you will need to make the most compelling possible arguments for why the arbitrator should side with you. An experienced San Diego business law attorney at Sepahi Law Group, APC can help you throughout the entire arbitration process. Call today to schedule a consultation and learn more about how our attorneys can look out for your interests and advise you during the arbitration process.