What is Arbitration and When is it Appropriate?

What is Arbitration and When is it Appropriate?

Sometimes, a case demands the rigid measures that come from taking it to a court of law.  Other times, however, the dispute can be resolved without having to go to court.  Arbitration is one method that can lead to a resolution that bypasses fighting the argument out in court.


The method of arbitration involves communication by your lawyer and also presentation of proof of facts like documents.  Then, both parties will have the opportunity to make oral arguments.  Arbitration is conducted by a third party who will decide the fate of the case after hearing from both sides.  In the event you have hired a law firm for your arbitration, he or she will be able to do the oral argument on your behalf. Witnesses may even be called to testify, especially when you have legal counsel working for you.

How is Arbitration Accomplished

Arbitration is best conducted with a representative such as an attorney at a law firm.  The person who is presenting the case for negotiations should be knowledgeable and experienced because resolving the claim to your satisfaction is not always a given.  You will need legal representation to ensure your case is properly presented and that your best interest is met.

Is Arbitration a Good Choice for You?

Arbitration - Overview, Dispute Resolution, Potential Outcomes

If you have a conflict that is headed to court or potentially going to be in court, you may want to consider taking the case to arbitration instead.  Arbitration bypasses the red tape rules and regulations encountered in the court room.  It is considered to be more amicable and is quicker and less expensive, too.

You should never, however, commit to using arbitration as a method for resolving a case if you don’t have a law firm attorney representing you.  If you do, you could be taken advantage of if you are not an expert in law.

On the other hand, if you do have legal representation and you have a case that is set for court or is pending a setting, you can explore the options of settling through arbitration.  Consult with a law firm and if your attorney feels it’s a wise decision, he or she can begin the process of contacting the opposing party and his or her legal counsel if one exists.

Arbitration can be the best method for settling a case or it can be a disastrous move.  Be sure you have a lawyer who can advise you in your decision and if you do opt to go through arbitration, you’ll definitely want to retain the legal counsel to represent you in the process as well.

Arbitration Law Firms

Some attorneys and firms are better at arbitration than others.  The process actually involves the same skills that are utilized when taking a case to court.  The law firm must be working towards a solution that is right for you, not just going with any resolution.  The way in which the evidence is presented and the actual facts that are in the presentation can make or break your case.  Be sure the law firm you choose is competent and trustworthy.

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