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Step 1
All parties and their attorneys (if any) meet in one room.
We give a brief intro who we are and how we operate including rules of arbitration under California law.
At this point each person in the room can make a 3 minute point regarding anything that has anything to do with the case (e.g. why they feel they’re right, why they feel the other party may be wrong, their damages, etc).
We then give a recap/synopsis of what we view the case to be including damages and confirm, with those parties and/or attorneys present, that our view is accurate.
Step 2
Parties and their attorneys (if any) separate into private rooms. The purpose here is to permit open and confidential communication between each party and the arbitrator. These communications are confidential under California law.
Step 3
The arbitrator attempts to determine “truth.” The problem with lawsuits is very rarely are both parties being completely accurate with their recollection of the events leading up to the dispute or with their assessment of damages - be they monetary or other. The arbitrator is now attempting to locate the actual facts of the situation.
Step 4
The arbitrator may at this time have already come to a conclusion as to how the case should be settled. (Good arbitrators are usually able to assimilate information very quickly.)
Step 5
The arbitrator reaches a conclusion. He may or may not explain how he arrived at it, but will then draft an “order” describing his/her resolution.
IT IS EXTREMELY IMPORTANT TO UNDERSTAND - - ARBITRATION IS FINAL.
When disputing parties agree to arbitrate, they are agreeing to let someone else decide their fate and the fate of their case. This is why it is so important to choose an arbitrator who is not only able to understand the issues surrounding the dispute, but also one will be fair in his/her resolution of the dispute.
Step 6 (if necessary)
There are times when the arbitrator will not make a decision on the day of the actual meeting. There may be a few reasons for this: A) There may be situations where an arbitrator needs to verify information. Example: a contractor actually damages a homeowner’s home during a remodel. There are estimates that have been provided to correct the damage. The arbitrator may wish to contact an independent contractor to determine if the estimates are reasonable, at which point a decision would then be rendered.
B) There are times when facts just need to be sat on for a few hours before reaching a conclusion. This is not so much about not “getting” the case, but more about attempting to reach a fair solution.
Step 7
The arbitrator issues his/her resolution to the disputing parties which is filed with a court (if a suit is in process) or is held by the parties if a lawsuit was yet not been instituted.
Once again, it is important to point out; the arbitrator’s decision is FINAL. Courts do not look favorably on parties agreeing to arbitrate then having one party or the other deciding that they didn’t like the decision that was rendered.
The arbitrator’s decision IS LEGALLY BINDING
By failing to live up to those terms of your agreement (breaching) you would have violated the rules of arbitration and you may be held liable for any and all costs of enforcement of the agreement arrived at on the day of arbitration. Further, if the arbitrator is called in to testify to the existence of the agreement, the breaching party (individual, company, and/or their legal representatives) by statute, will be liable for the hourly rate as it would apply to any and all costs as they are associated with any necessary appearances or testimonies.
Your Dispute Is Over
Congratulations. You have now settled in about 1/2 day what takes some people 5 years. You have most likely saved tens of thousands of dollars or even hundreds of thousands of dollars in legal fees. You have saved countless hours of agony and attention surrounding a lawsuit.
Even when you are on the side of right, lawsuits take a heavy toll on one’s mental, physical, and monetary well-being. You have done both the intelligent and the right thing. |
