Arbitration.

This Blog entry is for arbitration as to what to do if one wins the case in arbitration then the winning party goes in for the execution of the arbitration judgment. If one loses the case in arbitration then one goes into the appeal to challenge the decision of the Judge or the Arbitrator. 

In general, it is difficult to challenge the decision of the Arbitrator, but one has to focus on the merits of the case. Normally studies show that consumers have won more money through arbitration than in court. 

What is Arbitration - is when a dispute is submitted by agreement of both parties to one or more arbitrators who then make the decision on the case. In choosing arbitration the parties opt out for a private resolution to their disputes rather than going to the court.

Most arbitration disputes are contractual disputes between the employer and the labor force. It does deprive the labor force of the civil remedies for their injustice that they can get through the civil courts. Here the disputed parties submit their cases to an impartial entity to make the decision on their dispute who in return makes the final award or decision. Many disputes between contractors and consumers are resolved through this process.

The neutral arbitrator will listen and read the case files for both the affected parties who are in dispute and after that make his or her decision on the matter at hand. In some cases, he will have many meetings with the parties in conflict to make the best decision. Once the decision is made by the arbitrator it will be called the award and it will be legally binding.

The biggest disadvantage of the arbitration process is that the arbitrator's decision is final and to go in appeal one has a very less chance of winning. Always keep in mind when taking your case in for arbitration that if one loses then nothing substantial will happen in the appeal process. The positive point is that arbitration is a cost-effective process, and it saves huge monies for both parties involved. As going to court and fighting full litigation from start to finish can be a costly matter.

One can go into divorce proceedings in arbitration court to keep the proceedings more private even in Insurance settlement cases one can head to arbitration. Mostly settling disputes between employers and employees end up in arbitration court. Time and money for both parties are saved and one can afterwords go into appellate court but nothing substantial will happen there, the arbitrator's decision is legally binding. Arbitration is a win-loose situation, one party will win and the other will loose. One can opt out of the arbitration and still if one changes their mind can still choose arbitration over the trial court.



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Advocate Daxter Aujla.