Arbitration
is a process in which the parties submit their dispute
to one or more impartial persons for a final and binding
decision. In arbitration, the parties define,
in a contract, the procedures that will govern their
proceeding. Usually, the parties are represented by
their attorneys.
The manner in which an
arbitration hearing is conducted varies with the procedures
set out in the contract between the parties. The arbitrator(s)
will hear the evidence and make a decision. In rendering
a decision, the arbitrator(s) may not follow the letter
of the law. The arbitrator(s) may decide to render a
decision based upon fairness and justice as applies
in the case. The decision may be final and binding if
provided for in the arbitration agreement. If binding,
the decision must be confirmed by the court in order
to make it enforceable.
The cost of arbitration
will vary with the number of arbitrators ultimately
selected and the discovery procedures provided for in
the arbitation contract.The use of one arbitrator and
providing for modest flexible discovery is far less
expensive than three arbitrators and more formal discovery.
Attorneys, who know Gary Hall's reputation for impartiality
and fairness, will have little problem of selecting
him as the sole arbitrator in their case. more
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