FREQUENTLY ASKED QUESTIONS ABOUT ARBITRATION
What types of cases do you arbitrate?
There are certainly cases which lend themselves to a solution in arbitration. Many contracts require arbitration. The short answer is that Aaron will arbitrate any matter that is brought to him. Most commonly Aaron arbitrates civil cases involving damages to persons or property which would be headed to court or are already in litigation. However, any dispute between two or more parties can be a candidate for arbitration.
What is the format of the arbitration?
Once parties agree on arbitration and select Aaron as their arbitrator an arbitration date is scheduled. For the majority of arbitrations a half-day session is more than enough. Even a relatively complex matter can be handled in a half-day session. Prior to the scheduled arbitration the parties submit any statements, materials, records, itemizations or other documents which they feel are relevant for the arbitrator to review. The parties then appear virtually through video link in front of the Arbitrator at the scheduled arbitration. The parties may present statements to the arbitrator and point out thing which they believe have importance to the case. The parties may call witnesses within reason if this can be done virtually. The arbitrator may ask questions of either party and discuss any matters which may need clarification or emphasis. The arbitrator then renders and opinion and sends it to the parties, quickly, usually within 24 hours.
Do you do mediation?
Why don't you do mediation?
Mediation is a part of the litigation process and like the litigation process, mediation contains the same flaws which Swift Arbitration seeks to solve. A mediation is a costly, back and forth process that may or may not bring a resolution to a case. While mediation certainly has its place, Swift Arbitration is in the business of providing fast, final outcomes. Mediation is often a more expensive process with no guarantee of an outcome. Swift Arbitration guarantees an outcome with certainty and finality that mediation cannot offer.
Are there any drawbacks to arbitration?
There are very few drawbacks to arbitration. One perceived drawback is the fear that your are putting your case in the hands of someone else. The fear that they will not see your case the way you see it. Once you realize that when you go to court you will be putting your case in the hands of total strangers anyway, this becomes the same problem you have going to court. The advantage of arbitration is that the arbitrator is someone who has some experience with the legal system and experience with many other cases, hopefully many like yours. The arbitrator will certainly see your case differently than you do. This is the reason that two different sides need an arbitrator in the first place. However, the arbitrator is committed to giving both sides a fair and just outcome. Even if it does not seem like it to either side, it is likely that the outcome will be as good or better than the one they would receive at the hands of twelve strangers who have been selected for jury duty. And the arbitration is much faster, and much less expensive.