Binding Arbitration

[speeder]

Has anyone here ever used it to settle a dispute or know anything about it? Do both sides hire legal representation and depose the other side, like a regular civil tort? What are the main differences from the court system, other than having a paid arbitrator decide the outcome?

I'm sure that the rules differ by state but I'd welcome input from anyone who has used it anywhere. California knowledge is especially helpful. Thanks in advance!

[greglepore]

No Cali specific knowledge but did a bunch in Pa. Done by agreement (or previous contract) and the agreement/contract sets the terms-ie is there depostition/discovery or not. Usually you are entitled to representation by an attorney. More standard practice for us was 3 arbitrators, each side picking theirs and the two appointed arbs then selecting a neutral arbitrator. Arbitrators were local attorneys. Each party pays their own and split the neutral.
Subsequent legal review is almost always limited to errors of law, and even then it usually requires a provision in the agreement allowing for same.
There is a Uniform Arbitration Act that most states have adopted that sets for the legal authority for arbitration and the ground rules.

Other than scheduling convenience and less random assignment of a judge, not a lot of difference from "real " court. Most rules of evidence apply. One big difference is that often where expert testimony is required (ie medical issues or technical stuff) it is allowable by written report rather than actual testimony, although the parties often prefer actual testimony by live or video.

If you have specific questions, feel free to pm.

[speeder]

Thank you, Greg!

[G50]

I’ve done many over the years. (But it’s been a long time).

One of the biggest differences is it is very very expensive.

One of the similarities is it’s fairly random. You can get a decent arbitrator (or panel), or you can get some that are just there to collect their checks. For the most part, I’ve not been impressed (both with AAA and JAMS).

My suggestion: do everything you possibly can to settle your dispute with the court or arbitration.

[G50]

Oh, one other thing. You don’t give the context, but if it involves an arbitration provision in a contract prepared by your opponent, beware. Esp if it’s a large entity and a standardized form contract. You are a “one off” customer of the arbitration company. The other side is a “repeat” customer, who they’d like to keep as a customer.