Are you searching for a proven San Diego arbitration attorney with extensive experience and a well-established track record of success?  Have recent substantial changes in the law regarding arbitration agreements gotten your attention as an employer?  Many business contracts call for related disputes to be resolved in binding arbitration.  The Watkins Firm has more than four decades of experience providing skilled representation in San Diego and California arbitration cases.  It is our successful and proven track record in trial that extends to our work in business arbitration and associated business mediation cases.

Key Takeaways About What to Look for in a Proven San Diego Arbitration Attorney:

• Arbitration is the right alternative when going to Court and a trial presents a much more challenging picture from the perspective of risk, time, and associated cost.
• While arbitration is generally more efficient than court litigation, it is not informal. The arbitrator has broad authority to control the scope, length, and manner of questioning, however, a fair process requires that both sides be allowed to examine witnesses.
• The arbiter guides the process, “hears” the case and issues an “award” usually within a matter of weeks.  The award is binding upon both parties and cannot be appealed unless an extremely high standard of fraud or collusion is proved.

When is Arbitration the Right Alternative?

Arbitration is the right alternative when going to Court and a trial presents a much more challenging picture from the perspective of risk, time, and associated cost.  Business arbitration is much faster and less expensive than the majority of most trials.  Arbitration is specifically designed to ensure that the case will be resolved fairly quickly and in an efficient manner.

Arbitration bears a lot of similarity to what happens during a trial, but most of the formalities of the litigation process have been removed or substantially reduced.  Instead of months and months of pre-trial motions, discovery and other legal activities, the parties in an arbitration select a qualified neutral third party, known as the arbiter.  The arbiter should have extensive experience both in the area of the dispute itself as well as with associated California and Federal laws.

The hearing is usually scheduled within a matter of months after the case is filed, and most business disputes are completed within a matter of days.  In general terms, the legal team for each party submits a brief to the arbitrator establishing their position in the dispute and the evidence to support it.  This is one of the main reasons you will need a proven San Diego arbitration attorney from the Watkins Firm.  The arbitrator knows the difference between a well-crafted brief based upon a mastery of facts, damages, and the law.  This brief and our work during each step of the process ensures you are in the best position to protect your interests and achieve a positive outcome.

How Does a Typical Arbitration Process Work?

In a typical business arbitration, questioning occurs in an efficient manner established by the arbiter at the outset:

• Direct examination: Each side presents its own witnesses and asks questions to establish facts, agreement(s), damages, and defenses.
• Cross-examination: Opposing counsel may question witnesses to test their credibility, challenge assumptions, and work to identify weaknesses in testimony.
• Limited redirect or rebuttal: The arbitrator’s establishes rules and has broad discretion to allow or limit follow-up questions or clarification of issues raised on cross-examination.

While arbitration is generally more efficient than court litigation, it is not informal. The arbitrator has broad authority to control the scope, length, and manner of questioning, however, a fair process requires that both sides be allowed to examine witnesses.

There are, however, some practical differences from court:

• Questioning is often more focused and time-limited than in a trial
• The rules of evidence may seem to more relaxed than at trial, though relevance and reliability still matter
• Arbitrators tend to intervene more actively to keep testimony on track
• Discovery and deposition testimony may be restricted or replaced with written submissions

From a risk-management perspective, this is why arbitration should never be underestimated or treated as a “trial-lite” process. Statements made by witnesses, owners, or executives will be tested by opposing counsel, and poorly prepared testimony can materially affect the outcome.

The hearing is much less formal than Court.  The arbiter guides the process, “hears” the case and issues an “award” usually within a matter of weeks.  The award is binding upon both parties and cannot be appealed unless an extremely high standard of fraud or collusion is proved.

This is why it is so important to have experienced and skilled representation in your San Diego or California arbitration case.

Pro-Tip: “Arbitration is a cost-effective, timely alternative when you have an agreement in your contract that says, I’m going to resolve this by arbitration. It’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitrator himself can be very expensive. But in the long run, waiting to go to trial for two and a half years and waiting for a judge who has an overburdened docket can be just as risky. So arbitrations are great. They cut to the chase and you really don’t have a lot of time for dramatics. You have to have accurate law and facts when you go in and it’s usually decided by your arbitration brief because the arbitrator knows when he sees a case that has no merit or has great merit.

So it keeps a lot of the extraneous legal stuff out of the way and focuses the matter to a head.  And generally it keeps crazy verdicts from happening because if you win, you’re going to get something reasonable. And if you lose, it’s going to be something reasonable. Their goal is to try to be reasonable. (Arbitrators have) seen crazy jury verdicts their whole life from time to time. And so, and they know the law on the facts. So normally I would expect, you know, a very reasonable sound fair resolution when I go to an arbitrator.

You can only appeal the decision of the arbitrator under extreme circumstances. But I would just like to say, in the vast majority of arbitrations, no, you cannot appeal. Don’t try. You knew you’re getting into when you went in, this is it. The arbitrator makes a decision. The decision is final. There’s no appeal. And unlike a trial, it’s just over. Maybe one time in almost 40 years, we’ve had a situation where we had a specially selected arbitrator with, you know, questionable credentials in a contract where we had to fight it. But for the most part, when you go under that arbitrator, you should know they’re experienced and they have to make tough decisions.

Ultimately, from the outset, we prepare every case as if it’s going to trial. And sometimes arbitration is actually the best venue for our clients to achieve their goals. Because we start with a thorough, well-documented chronology, a mastery of available damages, and all of our philosophies on how to prepare a case, we’re ready to go to trial. And we’ve tried lots of cases. If it’s a trial, we really enjoy jury trials. If it’s an arbitration, we’ve been around so long, we’re comfortable with the arbitrators.” – Dan Watkins, Founding Partner

San Diego Arbitration Attorneys Guide Employers on Arbitration Agreements and Related Employee Disputes

Your proven San Diego arbitration attorney at the Watkins Firm can also guide California employers on arbitration agreements and related employee disputes.  There have been exciting and substantial recent changes in federal and California law which actually benefit our employer clients.  Arbitration agreements are an excellent strategy to reduce or eliminate plaintiff’s actions and PAGA lawsuits while keeping disputes with employees within reasonable parameters.  Is it time to review and implement a new arbitration agreement for your work force?

The Watkins Firm is prepared to aggressively represent and protect your interests in arbitration.  We provide sound counsel in any business or employee-related dispute.  If you seek experienced San Diego arbitration attorneys or wish to consider implementing arbitration agreements as a San Diego employer we invite you to review Our Podcast Episode Episode 29 – 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.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.

In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.