Arbitration is a form of alternative dispute resolution (ADR) in which parties agree to try their case before a neutral arbitrator. Arbitration can be binding or nonbinding, depending on the agreement of the parties. If arbitration is binding then both parties agree to accept the decision of the arbitrator.
Swisher Law Office and Summit Conflict Resolution Center attorney Michael Swisher has over 30 years of legal experience, including ADR methods such as arbitration. For some clients, arbitration is the best option. Arbitration can be advantageous given the right circumstances.
Arbitration is a method of dispute resolution that does not require the disputing parties to go to court. Instead, evidence or documents are submitted to the arbitrator by both parties. The parties or their attorney may also make oral arguments. In some cases, witnesses are also called to testify.
The process does offer some advantages over litigation for both parties. These include:
There are no depositions. This makes the process far less formal than a court case.
There is also no discovery. This makes the process much faster than a court case.
There is one arbitrator. Not a jury or a panel of people. This makes the process less intimidating.
The process is private and confidential as opposed to a court case, which is public.
The process is flexible. The parties agree on when to meet and have a say over what happens during the course of the process. Participants tend to feel a sense of empowerment.
There is no hard and fast rule that arbitrators must follow when it comes to making a decision. In fact, either party may offer what they feel to be a reasonable compromise to resolve the issue. Arbitration is just one form of ADR. Mediation and strategic negotiation are two other dispute resolution modalities that attorney Swisher employs. ADR modalities are used to resolve family-related disagreements and in civil law matters.
To learn more about how arbitration may work to resolve your Lee’s Summit legal issue, call to schedule a consultation. Initial consultations are free because we truly believe in investing in our clients. You can also send attorney Michael Swisher a confidential inquiry email and he will get in touch with you.