Resolve Business And Employment Disputes Through Arbitration
These days, it is commonplace for a contract to contain a provision requiring the parties to resolve their disputes through arbitration. Yet, many attorneys fear arbitration because it deprives them of some of the tools they might otherwise use to obtain a large recovery for their clients. Our lawyers are not afraid. They have successfully arbitrated scores of cases in proceedings before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association (AAA) and a global panel of retired judges and attorneys simply known as JAM.
There is no doubt that arbitrations require a different approach than cases tried by a judge or jury. But we know how to make arbitration proceedings work to the benefit of our clients. Arbitrator selection is a critical and time-consuming step so crucial to success.
We believe that arbitration offers a quicker, less expensive way to resolve disputes. We also believe that, in the right case, arbitration can produce a result superior to the result reasonably expected in litigation. If you are involved in a dispute that must be arbitrated, let us protect your rights.
Arbitration: Definition, Processes And Benefits
Arbitration is one of several methods of alternative dispute resolution (ADR) by which parties in legal conflicts can resolve claims out of court. A neutral third party or arbitrator will preside and resolve cases without the pressure of a court record making all details public.
The steps in arbitration are as follows:
- A person or company begins arbitration by filing a claim including facts of the case and desired remedies.
- The respondent answers with facts as well as defenses.
- With the parties’ cooperation, an arbitrator is selected through an appropriate organization such as AAA or FINRA.
- Prehearing conferences, discovery and hearings follow.
- The arbitrator facilitates presentations of facts and arguments and ultimately determines an award or decision by which they then close the arbitration.
Arbitration may be binding or nonbinding. If it is binding, the case is over upon the conclusion of the arbitration. If it is nonbinding, either party may take the case to court if they are dissatisfied with the outcome.
At Bartle + Marcus, our Kansas City-based lawyers can act as coaches, overseers and guides for clients nationwide taking claims through arbitration. Arbitration may be especially useful for resolving disputes in the following areas:
- Complex commercial disputes
- Disputes over real estate and/or construction
- Employment and consumer disputes
Arbitration may save time and money and be less complex than litigation overall while still providing a professional, legally sound path to case resolution.
Settle Your Legal Conflict Through Arbitration
We welcome inquiries from parties involved in disputes that must be arbitrated. To schedule a free initial consultation, call 816-285-3888 or send a message online. We are Kansas City-based but available to help clients nationwide.