Arbitration

Introduction

Arbitration is a process in which an impartial person renders a final and binding determination to resolve a dispute.  There usually is no formal discovery process required and legal rules of evidence are not stringently applied.  Court review of arbitration awards is very limited.  This process helps avoid the significant costs and delay of judicial trials and appeals.  It also gives arbitrators substantial power.

Given this, it is particularly important to select an arbitrator who comes to fair and appropriate decisions.   Michael Rainey effectively elicits relevant information and takes great care to analyze the issues.  As a result, his decisions lead to a superior level of satisfaction among all parties involved.

Process

1. Setting Parameters:

  • Although there is no formal discovery process, the arbitrator may require production of relevant documents, deposition of fact witnesses and reports by expert witnesses, to enable parties to deliver enough information necessary to present their case.
  • The parties along with their attorneys may use some or all of the rules of discovery, based upon mutual agreement.
  • Terms may also be agreed to regarding the confidentiality of proprietary information, evidence, and the scope of issues covered by Arbitration.

2. Arbitration Hearing:

  • Each party may present evidence through witness testimony and documents.
  • There is the opportunity for cross-examination, rebuttal testimony and opening and closing arguments, conducted by attorneys or by the parties themselves.
  • Michael is an insightful, active listener who breaks down communication barriers and thoroughly analyzes the issues.  Though by law arbitrators are not required to undergo a discovery process and their decisions are not subject to review, Michael engages in due diligence to understand all of the facts, so that he can come to the most appropriate decision.
  • Michael applies his legal experience and subject matter expertise to facilitate his understanding and resolution of complex issues.

3. Arbitration Decision:

  • The decision provides a final and binding remedy to the dispute. Although arbitrators are not required to do so, Michael provides the rationale for his decisions, which helps the parties to gain greater understanding and acceptance of the outcome.

Benefits

  • Appropriate decisions:  Michael’s determination to uncover all relevant information enables him to render a fair decision.
  • Significantly less cost and time than litigation:  Arbitration does not depend on voluntary agreement between the parties, and is not subject to the appeals that often accompany court rulings.  The binding nature of Arbitration decisions provides final resolution and saves all parties substantial time and expense.
  • Confidentiality:  It is a private process with no public record of the proceedings.
  • Less adversarial:  Because Arbitration is less antagonistic and less formal than litigation, parties generally stand a greater chance of continuing a business relationship.