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_Arbitration

About ArbitrationTo illustrate how a potential arbitration process might occur, the American Arbitration Association describes its multi-stage approach:

Commencing with a party’s “filing and initiation,” the groundwork is laid, fees paid for the arbitration, and the other party to the dispute is notified.

Once a response is received, the parties can proceed to selecting an arbitrator or arbitrators.

A preliminary hearing affords the parties an opportunity to note the issues between them and discuss procedural considerations.

At the next stage, evidence is gathered and each side prepares their arguments.

At the hearing, the disputing parties present their evidence and testimony.

In some situations, an arbitrator may permit the parties to submit additional information after the hearing has concluded.

The final step is the issuance of a decision – an award – by the arbitrator.

Source: American Arbitration Association

Alternative dispute resolution offers individuals options for settling legal problems without having to go to court. Methods such as mediation or arbitration can resolve conflicts more efficiently, more quickly, and more cost-effectively than litigation. When two parties to a controversy agree to arbitration, an impartial third party (or parties) – the arbitrator – listens to testimony and evaluates evidence presented by both sides. The decision made by the arbitrator is generally accepted as binding unless otherwise agreed to by the parties involved in the dispute.

Experienced New York arbitration lawyers at The Law Offices of Newman & Drukman are qualified to serve as arbitrators. If you are considering arbitration as a means of solving a legal dispute or if you are subject to arbitration and need the advice of an attorney who understands how to constructively approach this means of conflict resolution, we can help.

Our New York arbitration attorneys know that terminology can be confusing and that some people erroneously use ‘mediator’ and ‘arbitrator’ interchangeably. As noted, arbitration is a process agreed to by both parties in a dispute. An arbitrator – often a current or retired attorney or judge – listens to both sides and makes a decision. In contrast, mediation doesn’t result in a decision. A mediator is simply an impartial third party who works to help both sides resolve a controversy satisfactorily. Mediators don’t make decisions about disputes.

Arbitration may be used in specific instances when litigation is not needed or when the amount in dispute doesn’t justify the expense and time of a courtroom proceeding. Parties also agree to arbitration when they want to settle their differences outside the court system. Depending on the terms to which the disputing parties agree, arbitration may be binding or non-binding. Binding arbitration offers no room for appeal unless circumstance out of the ordinary can be demonstrated, such as arbitrator fraud or bias. While arbitration offers benefits in some cases, the New York arbitration attorneys at The Law Offices of Newman & Drukman know that it isn’t the best choice in others.

Our New York arbitration attorneys understand how arbitration works and we can provide you with knowledgeable advice about the process. If you are considering entering into an agreement that calls for abitration if disputes arise, it can be invaluable to have a better understanding of arbitration before you make such a commitment. There may be circumstances in which agreeing to arbitration could have an impact on your rights or your future well-being. While arbitration can be beneficial in some situations, litigation may be a better choice in others. Our experience in all aspects of dispute resolution enables us to advise you about your rights and about all the options available to you when legal questions arise.

At The Law Offices of Newman & Drukman, our New York arbitration attorneys approach each case as the uniquely individual circumstance it is. We believe that you deserve the highest quality in legal advice and representation, and it is our commitment to deliver that degree of professional excellence to every client we serve. When you need guidance about arbitration or when you need to engage a qualified and experienced arbitrator, you’ll find both at our firm. Contact The Law Offices of Newman & Drukman online or phone to schedule an initial consultation.