Arbitration
Arbitration differs from both mediation and conciliation in that the process is more like that of a trial where both sides present their case to the fact finder who then makes a determination as to the outcome. It should be noted that arbitrations can either be binding or non-binding depending upon what the parties have agreed to in advance of the proceedings.
Benefits of Arbitration
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Voluntary
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Confidential process
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Less stressful than formal court proceedings
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Resolutions can be achieved faster than traditional court proceedings
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Goal is a mutually agreeable outcome
In principle, the outcomes of binding arbitration are final and binding. They can only be challenged before a state court under exceptional circumstances. For example, it applies to cases where the parties never validly agreed on arbitration. The results of binding arbitration are enforceable in most countries worldwide.
In non-binding arbitration, the parties retain the right to pursue court mandated relief and the arbitrator's award is offered more in an advisory capacity and is only final if accepted by the parties involved.
Our primary role in the arbitration process is to apply the jurisdictional law and make a neutral decision by administering either a binding or non-binding award.
NON-ATTORNEY DISCLOSURE:
Exceptional Consulting Services, LLC (ECS) offers Alternative Dispute Resolution Services (ADR) but is not a law firm, nor are we lawyers/attorneys which means we are unable to give legal advice. Exceptional Consulting Services, LLC nor our Strategic Partners, unless otherwise stated in their biography, cannot represent you in any legal proceedings nor can we/they offer legal advice.