Nobody wants to be involved in a dispute case. It's just that accident or employment dispute victims need financial assistance from the liable party in order to go on with their lives. However, filing a case and pursuing it in court may be a little difficult, especially if the complainant does not have an expert lawyer to represent him. Fortunately, there is a much easier and faster way to resolve disputes â€“ arbitration.
Arbitration is a type of Alternative Dispute Resolution (ADR) that takes a dispute in the hands of an arbitrator, who would be in-charge of studying the case. Compared to court trials, the arbitration process is faster and easier to follow for a person with no legal expertise. If you plan to use the arbitration process to solve your case, here is a quick overview of its processes:
- Filing and initiation of the case â€“ Both parties should agree that you would take your case to an arbitration hearing.
- Selecting of the arbitrator â€“ Arbitrators can be judges, attorneys, or experts that have something to do with the dispute at hand.
- Preliminary arbitration hearings â€“ These hearings let the parties introduce their arguments to the arbitrator.
- Exchange of information â€“ Documents, files and evidence from both parties would be presented and shared to the arbitrator. Then, he would determine if such materials can be presented in the hearing.
- Hearing â€“ This is the stage where both parties have the opportunity to accuse one another and deny accusations as well.
- Document submissions â€“ If any of the parties wish to submit additional documents to the arbitrator, they can do it in this stage.
- Awards â€“ The arbitrator finally closes the case and awards the winning party.
Being in an arbitration proceeding is similar to a court trial, minus the people, the jury, and the judge. In most cases, arbitration hearings only involve the two parties, which make them more confidential, thus large companies can avoid being hunted by the media. While arbitration processes may be "simpler" than a court trial, an expert and experienced attorney is still essential to win the case.
Indeed a dispute case is an entirely complicated process that requires time and dedication from the parties concerned. If you feel you can resolve it without going to a formal court trial, why not give it a shot?