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A How-To Guide to Arbitration

Before going into the ins and outs of how to arbitrate, you should know exactly what arbitration is. Arbitration is a form of alternative dispute resolution (ADR) that takes the place of filing a lawsuit and having to settle cases in court through litigation. The difference between mediation and arbitration is that in arbitration the arbitrator (a neutral third party) renders a legally binding decision after listening to all parties and reviewing any evidence that may have been presented. In mediation, the mediator (a neutral third party) does not render any decision and it is rather a settlement-oriented conference. To find out more about how to arbitrate, read the answers to some of the most frequently asked arbitration questions below.

How Long Does Arbitration Take?

Once an arbitrator is selected, an optional arbitration hearing can be heard immediately, meaning parties don’t have to be at the mercy of the court’s schedule to have cases resolved. For smaller arbitration cases that involve two parties, the case can be resolved in as little as a few weeks as opposed to months or years in litigation. Larger cases with additional parties may take a few days or weeks to resolve, but this is still much faster than litigation as you are not subject to the availability of the court.

What Types of Disputes Can Be Resolved with Arbitration?

Many civil cases involving claims for money and damages tend to result in arbitration, as well as many family-related disagreements. Arbitration can be used to resolve disputes between businesses and individuals, businesses for monetary damages and damage to vehicles or property caused by accidents. In some instances, such as with pre-dispute arbitration agreements, arbitration may be required before attempting to file a lawsuit. Virtually any dispute that can be resolved in litigation can be resolved in arbitration.

When is Arbitration Mandatory?

Mandatory arbitration is common in employment cases, insurance cases and loan or lease cases in which the parties have agreed to go to arbitration in advance of a dispute. Any contracts that have an arbitration provision can be taken to arbitration. Arbitration is often written into contracts and terms of agreement in these scenarios in the event that a legal disagreement may arise.

Find Out More on How to Arbitrate by Contacting ARS

Arbitration Resolution Services (ARS) has revolutionized the field of dispute resolution by integrating state-of-the-art technology with expert arbitrators to provide virtual arbitration services. With arbitration through ARS, nothing is made public and the entire arbitration process can be completed online. Everything from participating in optional arbitration hearings and providing evidence can be done in the comfort of your own office, business or home, freeing up time and saving money. To learn more about how to arbitrate with ARS or to learn about more of our ADR services, visit our website or call (888) 934-1777 today.