What Steps Does the Arbitration Process Involve?
- posted: Oct. 23, 2013
In Stockton, arbitration laws are subject to the California Arbitration Act, which the California legislature has modified at various points since its enactment in 1961.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps:
- Filing and initiation. One party files a Demand for Arbitration, which starts the process.
- Arbitrator selection. Both parties work to select an arbitrator, one they can agree on and who can meet their needs based on the nature of their dispute.
- Preliminary hearing. Parties meet to discuss substantive case issues, information exchange, witness lists, etc.
- Information exchange and preparation. Parties share information and arbitrators handle any related challenges.
- Hearings. Parties present evidence and testimonies before the arbitrator.
- Post hearing submissions. If necessary, parties submit additional information to the arbitrator.
- Award. The arbitrator renders a decision (award) and closes the case.
The main difference between arbitration and mediation is that while the process is much less formal than litigation, the arbitrator's role is similar to a judge. The arbitrator listens to both sides present their evidence and testimony and renders a final decision on the matter. By comparison, a mediator works with parties to help them find a common ground so they can reach a settlement. Mediators do not evaluate or render judgments.
Many contracts or legal agreements contain provisions to resolve disputes through arbitration, and a reputable Stockton arbitration lawyer with extensive experience is a good choice.
Quinn & Kronlund, LLC has decades of experience and has helped resolve thousands of cases through mediation and arbitration.