Malone & Nelson
Frequently Asked Questions on Arbitration
How should I prepare my client for arbitration? Preparing a client for an arbitration is virtually the same as preparing them for trial. How should I prepare as an attorney for an arbitration? An attorney should prepare for an arbitration hearing virtually the same as preparing for trial, but should take into account the knowledge and experience of the arbitrators. Can an arbitration award be appealed or challenged? An arbitration ruling can generally only be appealed on very limited grounds. Who attends arbitration? In most cases, those attending an arbitration hearing include the parties, their attorneys and witnesses.
Where should an arbitration take place? The location of an arbitration will depend on a number of factors such as the location of the witnesses, the location of the arbitrator(s), whether the arbitrator will need to visit a site, the number of parties and attorneys involved, and the facilities available and necessary for the presentation of the evidence. When can arbitration be invoked? The terms of the arbitration agreement between the parties will generally govern when arbitration should be invoked. There must be an agreement between the parties to arbitrate before arbitration can be invoked. Why is arbitration better than litigation? Arbitration is not necessarily better than litigation. Some advantages to arbitration over litigation can include the knowledge and experience of the arbitrators, the cost, the efficiency, the speed with which a decision can be made, etc.