What Is Arbitration?
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts. This is a process through which two or more parties use an arbitrator, being a neutral impartial third party, to resolve a dispute. Arbitration is usually a binding a process where the arbitration award is final and can not be appealed.
The arbitrator, as a neutral third party, has a legal and ethical extreme obligation to disclose prior contacts, interests, business dealings, and/or personal involvement in the subject matter the disputants, the attorneys and witnesses involved in the arbitration. Ex parte (direct communication from one side) communications are not allowed in the arbitration process, and an arbitrator bases the award only on the evidence and documents presented in the arbitration hearing.
GOALS FOR ARBITRATION:
As your arbitrator, Jeff Kilgore can offer initiation of the arbitration process, scheduling, pre-hearing and arbitration hearing conferences and preparation of an arbitration award in a quick and efficient manner. Most arbitrations, whether construction, business or family arbitrations, can be completed in a reasonably short time, depending up the discovery needs and complexity of the parties. The binding arbitration award will be prepared and provided to the disputants or their attorneys within 21 business days of the completion and closing of the arbitration hearing process.
Our goal, therefore, is to provide an arbitration at a reasonable price, in a timely manner, and to provide a binding arbitration award so that disputants can move on with their personal and professional lives.
This arbitration process also offers a private, confidential space to resolve ongoing issues with parties that may or will have a continuing relationship.
Remote mediations via zoom have become part of my practice.
This process can be successful and an efficient method to resolve issues.