Arbitration
Arbitration is a form of legal dispute resolution that works well in some instances when all factors have already been discussed at length and no agreement can be reached. While it does still avoid litigation that mediation is also designed to do, arbitration is much more restrictive than both mediation and litigation. There are specific rules that apply in arbitration that differ from other forms of alternative dispute resolution, and there is no opportunity for appeal. This legal stipulation alone means that it is important to have your case presented effectively by experienced arbitrators in Beverly Hills Ca like the legal professionals at the Law Offices of Michael A. Wasieleski.
Procedural Differences
Arbitration is like litigation in the fact that both sides present formal arguments to the court for a full evaluation of how the law applies to the established facts. The cases consist of the facts as they are presented with little additional testimony being supplied. This is an advantage when the law favors one party because it limits rebuttals. In a mediated situation, all parties submit their case to one mediator in an informal discussion where an agreement can be negotiated. In arbitration, three judges or magistrates will be assigned to hear the evidence as presented in written motions and the proceedings are public just as in a litigated case. The judicial ruling is also final.
Case Preparation
The law will generally favor one party over another in many arbitrated disputes, but that does not mean the outcome cannot be a surprise to either party. Your attorney can develop the case precisely addressing the applicable laws and how they support your claims. Technicalities can still matter with respect to liability, but parties to an arbitration will normally have a better idea of the expected ruling. Parties to a dispute can still provide additional evidence in litigation that is is not allowed in arbitration, but rulings can still take some time before the judges issue a decision.
It is always essential to have an experienced representative when going into any arbitration proceeding because decisions are made on legal specifics. Always call the pros at the Law Offices of Michael A. Wasieleski arbitrators in Beverly Hills CA for comprehensive representation.