Business Arbitration

San Diego Arbitration Attorney - Business and Healthcare ArbitrationBusiness arbitration is an alternative to going to trial to resolve a business-related dispute or lawsuit.  Many business contracts specify arbitration as the final venue for resolving any dispute which arises under the contractual agreement.

Arbitration is usually much less expensive than a trial in a Court of Law.  The process is much more streamlined reducing or eliminating many of the superfluous motions and other process which lengthen the time of the proceeding and substantially increase the cost.

Arbitration is most often (but not always) binding, which means the decision of the arbitrator cannot be appealed except in the extremely rare instance of collusion or some other form of fraud on the part of the arbitrator.

Generally speaking, arbitrators are usually retired judges or highly experienced attorneys who have extensive legal background in areas of the law which are germane to the case.  The parties and their attorneys can propose one or more arbitrators and the parties ultimately agree to allow one arbitrator (or panel) to hear their case.

Arbitration usually begins with the lawyers from each side submitting a brief to the neutral arbitrator. Once the arbitrator has had the opportunity to review both points of view and all applicable governing laws, the arbitrator presides over a hearing where both sides are able to present testimony and evidence.

Business arbitration is a broader process than a court of law, and the arbitrator has more freedom to decide the case and is not restricted by California’s rules of evidence. The arbitrator can decide the case based upon a broader concept of fairness.

Discovery and the production of witnesses is usually much more limited in Arbitration.  Attorneys can carefully craft their presentations and submissions to the much more sophisticated and focused arbiter (versus a jury, for example).

How is Arbitration Different than Mediation?

Business Arbitration Attorney San Diego - Final ChapterArbitration is a much different legal process than mediation. While mediation focuses on facilitation without requiring or ultimately reaching a settlement, an arbitration is designed to resolve a dispute by establishing a third party or “neutral” as a private judge (or in some cases a tribunal of 3) to hear the case and issue a judgment. The parties surrender their authority to resolve the dispute to the “arbitrator” or “tribunal” and the result of the arbitration will either be “binding” or “non-binding.” In a “binding” arbitration (the most common) the parties agree to abide by the “award” – the decision issued by the arbitrator after both sides have had the opportunity to present their case.

This is why it is so important to work with experienced attorneys at the Watkins Firm to ensure that the selection of the arbitrator is carefully managed. It is important to ensure that the candidate is expert, capable and has a fair track record and reputation for neutrality and appropriate rulings.

Arbitrations are private, and the general public is not admitted. Records are sealed and confidential. This, along with the greatly reduced timeframe and cost make arbitration an attractive alternative in many cases to business litigation.


Listen to one of our Recent Sound Business Insights Podcasts:

“Episode 11 – Resolving Business Disputes”

Watkins Firm Sound Business Insights - Episode 11 – Resolving Business Disputes

“Episode 12 – Resolving Business Disputes Part 2″

Watkins Firm Sound Business Insights - Episode 12 – Resolving Business Disputes Part 2

Arbitration Can Bring Resolution to Almost Any Type of Business-Related Dispute

If you are involved in a business dispute of almost any type, arbitration is often an effective alternative to trial if the parties are unable to negotiate or mediate a settlement in the matter.

Arbitration has proven to be successful in many of the types of business disputes managed by the Watkins Firm including but not limited to:

The absolute point of arbitration is to achieve a final outcome.  This is why it is so important to work with the experienced business litigation and arbitration attorneys at the Watkins Firm.  If the outcome is going to be final don’t you want the best possible attorney to be working on your side of the case?

We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

Contact an Experienced Business Arbitration Attorney with 40+ Years of Experience

Smiling Client - business arbitration attorney san diegoThe key to the successful resolution of any dispute is experience and legal skill. The attorneys at the Watkins Firm have represented clients through negotiations, mediations, arbitration and business litigation for decades. We protect our clients interests and work to achieve their goals and objectives for the resolution of the dispute.

If you are involved in a business or contract dispute, and would like to learn more we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn more about negotiation, mediation and arbitration and select a legal partner who can represent you effectively at every stage of the dispute resolution process.  Draw on the Watkins Firm’s 40+ years of successful proven experience and a track record of resolving all types of business-related disputes and lawsuits.