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Arbitration is a fast way to get a decision when you are in a dispute. Arbitration is more flexible and less formal than court. Usually, an arbitration can be scheduled faster than a trial. Sometimes, if the parties want, arbitrators can decide things that judges are not allowed to decide. Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job that a judge or jury would normally do in court. Why do cases go to arbitration? Who is an arbitrator? What kinds of cases go into arbitration? How does a case end up in mandatory arbitration? What is the cost of mandatory arbitration? How does arbitration work? Can an arbitrator's decision be appealed? Are there rules governing arbitration? Related pages
Mandatory: Arbitration is required by law for some court cases. State law requires that some cases filed in state courts go to mandatory arbitration. Voluntary: Parties may agree to arbitration before or after filing a court case, or may have a contract that requires them to arbitrate disputes.
Who is an arbitrator?
In mandatory arbitration, an arbitrator can be either a lawyer or a non-lawyer. The parties get to choose the arbitrator. However, if they cannot agree, the court selects an arbitrator. Arbitrators are required to take an oath and follow the same ethical rules as a judge.
In mandatory arbitration, one arbitrator will hear a case alone. In voluntary arbitration, the parties may choose whether there will be a single arbitrator or a panel of arbitrators. Typically, arbitration panels include 3 arbitrators, although there may be more or less depending on the agreement between the parties.
Some civil actions involving claims for damages or money, and Some family law matters.
In a civil case, one person or business sues another person or business, usually for money damages. A civil case might be about costs and injuries from an accident, or a disagreement about a contract. All civil cases filed in state court involving less than $50,000, except small claims cases, must go to arbitration. In some courts, parties can go to mediation instead of arbitration. State law also requires arbitration in domestic relations or family law cases where the parties only disagree about what to do with their property and their debts. In some counties, the parties can also agree to arbitrate disagreements about child or spousal support. Parties may choose arbitration in other kinds of cases, before or after filing a case in court. Criminal cases do not go to arbitration.
arbitrator may order the loser to pay the winners lawyer fees. Arbitrators can also order that a party pay additional costs and fees in certain circumstances. If a party is unable to afford the cost of an arbitrator, a judge may waive some or all of the arbitrator's fee, in which case the state pays that amount. The judge also may defer the fees until the winner has been determined, and then the losing party pays the fees.