Does business arbitration work in San Diego? Why is arbitration a better alternative than taking a business lawsuit before a judge and/or jury? The simple answers are “time and money.”
What is Business Arbitration?
Arbitration is often written into the terms of a commercial, business or employment contract, and the parties may not have much of an alternative if a negotiated settlement cannot be reached. The business litigation attorneys at the Watkins Firm take a unique approach to any litigation matter, preferring to first attempt leveraged negotiation in an attempt to resolve the dispute. This is usually the fastest and least expensive path to resolution. What happens when negotiations are unsuccessful?
Arbitration is a much more formal process than mediation. However many of the “rules” regarding the presentation of evidence and the process of the arbitration itself are much less rigid than a court of law. One reason you should consider arbitration in San Diego is it reduces the cost of a business dispute through 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 usually 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, usually within 4 to 6 months after the case is filed. The hearing 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, experience and expertise. It is not prudent to consider arbitration in San Diego without the representation of an attorney.
The attorneys often prepare briefs, but the arbiter has the authority to establish the entire process. This includes the marshaling of evidence and testimony. The arbitrator hears both sides of the case and generally issues an “award” 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 usually 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.
Does Business Arbitration Work in San Diego Business Disputes and Lawsuits?
The Watkins Firm has more than four decades of experience in business disputes and lawsuits, including mediation, arbitration and trial. The short answer to the question “does business arbitration work in San Diego business disputes and Lawsuits?” is “yes, it does.” The advantages of arbitration are primarily the reduction of cost (when compared to trial) and the absolute resolution of the matter at hand.
Are you facing arbitration in a business to business or business contract dispute? You will need the experienced, proven representation of the Watkins Firm. We invite you to review our podcast Episode 12 – Resolving Business Disputes, Part 2 as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
