Arbitration attorneys will listen to both sides of a civil case and then make a decision. Their decision is binding and can include naming what monetary awards or fees will be. Arbitrators must be licensed attorneys, either currently practising or retired. When arbitration is chosen, there is no jury and the right to appeal to a higher court is waived. The decision made by an arbitrator in a court case are binding and final. People also forego the right to pursue a criminal lawsuit when they agree to have their case heard by an arbitrator. The benefit of using an arbitration process and the attorney is that the time and expense of a lawsuit can be greatly reduced. Most arbitration cases involve civil litigation. Arbitration became a popular solution in the 1980's when it became widely used in the United States for resolving securities industry disputes. The arbitration process also remains private, providing both parties comply with the arbitrator's decision.
Most jurisdictions have specific laws that address arbitration. Most people are concerned about the dollar amounts or possible controversy that can be attached to any civil case. Arbitration is typically recommended when there is less money at risk. And arbitration is not typically an option when dealing with cases that are being appealed. Cases that involve property on a domestic or private level are typically good candidates for arbitration. Arbitration is not typically used for determining child support or spousal support.
The parties involved can also sometimes request that an arbitration decision is nothing more than an advisement. In this case, the decision is not binding and the parties can then make the choice to pursue an additional legal action or follow the recommendation. This is not, however, considered mediation. Mediation is something entirely different. There are many ways that an arbitrator is different from a mediator. The biggest single difference is that mediators do not have to be attorneys. They can not provide legal advice, and they do not have the legal authority to make any binding decisions on cases.
Arbitration attorneys must be agreed on by all parties who are hiring the arbitrator. However, there may be times when one certain group has decided to find and hire an arbitrator. When this happens, that group can make the final decision on who will be hired. There are often lists of arbitrators available to help people make a decision in whom they will hire. When the parties involved can not agree on one arbitrator, the courts have the power to randomly assign one.
The arbitration proceeding itself is highly comparable to an actual court trial. It includes opening statements, each side presenting evidence and witnesses, and final rebuttals from the opposing sides. One notable difference is that the cross-examination of the witnesses is usually more liberal than the courts typically allow.
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