What is the reason for arbitration in San Diego and why is it a better alternative to taking a lawsuit before a judge and/or jury? The simple answers are “time and money.” Arbitration is often written into the terms of a commercial contract, and the parties may not have much of an alternative if a negotiated settlement cannot be reached.
40+ Years of Successful Business Litigation Resolution Experience
The San Diego business litigation attorneys at the Watkins Firm have 40+ years of experience serving the business, science and tech, real estate and medical / healthcare communities here in San Diego and across California.
We take a unique approach to any litigation matter, preferring to construct a strong, well documented chronology as well as a mastery of associated damages to provide leverage for negotiation in an attempt to resolve the dispute. The Watkins Firm is able to resolve the vast majority of our business disputes through effective, leveraged negotiation. This is usually the fastest and least expensive path to resolution.
If a lawsuit is filed, the next steps are either a settlement conference with the Court or mediation. But what happens if the parties are unable to resolve the entire matter through settlement or mediation?
The Case for Arbitration in San Diego and Across the State of California
What is the case for arbitration in San Diego and across the State of California? Arbitration is a more formal process than mediation. However many of the “rules” regarding discovery, the presentation of evidence and the process of the arbitration itself are much less rigid than a court of law. Arbitration is therefore much faster than a Court trial, and resolves disputes in a more cost-effective and/or timely manner while reducing the burdens on our Courts.
One way arbitration reduces the cost of a business dispute is the elimination of the need for many legal “motions” and the type of discovery that would be conducted prior to a trial. These efficiencies reduce the legal costs, while streamlining the time required to complete your arbitration.
The parties mutually agree upon an arbitrator with extensive experience in the area of business law at the heart of the dispute. You should also seek an arbitrator with a reputation for fairness and actual business experience when possible. Once the arbitrator is selected, a hearing is scheduled in a fairly short time frame. The arbitration itself may last 1 to 3 days for most business disputes. Arbitration may not be a court of law, but the legal process of presenting evidence and conducting witnesses requires legal skill, and experience. It is not prudent to attempt arbitration without the representation of an attorney.
The arbitrator has the authority to marshal evidence and witness testimony. After hearing both sides of the issue and considering all facts and evidence, the arbitrator generally issues an “award” (Finding) within the next two weeks to 30 days. The award specifies the successful party and the type of legal relief or damages to be awarded. The ruling of the arbitrator is binding, and can only be overturned by proving an exceptionally high standard of outright fraud or collusion. Finally, the records associated with the arbitration are private and are not therefore available for public inspection. This keeps your private business and financial information out of the public record.
Are you facing arbitration in a business or contract dispute? What is the case for arbitration in San Diego and across California, and is this an effective alternative to trial to resolve your dispute? We invite you to review our podcast Episode 29 – Recent Big News in Arbitration as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
