Arbitration

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Arbitration is a form of dispute resolution in which the parties submit their dispute to a neutral third party who decides the case. The arbitrator may be a single person or a panel, usually comprised of three members. The arbitrator functions similarly to a judge: ruling on motions, taking evidence at a hearing, and ultimately issuing an arbitration award that is enforceable in court.

Arbitration offers several advantages over traditional litigation in court:

  • The parties have influence over the process and schedule. Each arbitration can be tailored to the unique needs of the case.
  • Arbitration proceedings are non-public.
  • The parties can choose the right arbitrator for the case instead of risking the Russian roulette, so to speak, of a randomly-assigned judge.

Miles Mediation & Arbitration’s arbitrators are experienced attorneys and former judges. Drawing upon our diverse panel of neutrals in several cities, we can match you with one or more arbitrators perfectly suited to understand your dispute. Our process is designed to give you confidence in an arbitrator who is skilled, knowledgeable, and free from any bias or conflict of interest.

Our Rules of Arbitration are flexible, expressly intended to be adapted to the particular needs of each case. As an alternative to court, arbitration can often be streamlined, providing the parties with a final resolution on their own schedule. Our process includes a collaborative discussion of all the issues upfront, helping to avoid pointless gamesmanship and unnecessary conflict over procedural matters. The point of arbitration is to decide the ultimate issues, not to quarrel over the minutia.

Arbitration is often agreed to in advance by contract. To ensure your disputes are resolved by Miles Mediation & Arbitration, you should include a clause like this in your contracts:

Any controversy or claim arising out of or relating to this contract shall be submitted to binding arbitration administered by Miles Mediation & Arbitration. The number of arbitrators shall be [one or three]. The place of arbitration shall be [city, state]. [State] law shall apply. Judgment on arbitrator’s award may be entered in any court having jurisdiction.

To initiate the arbitration process, please submit the Arbitration Intake Form. A case manager will be in touch to discuss the next steps.

Arbitration is a form of alternative dispute resolution (ADR) managed by a neutral third-party. An arbitration hearing may involve the use of a single arbitrator or a tribunal. A tribunal typically consists of three arbitrators, but more may preside. The disputing parties cede their power to the arbitrator(s), who provide a final and binding ruling. This differs from the outcomes of mediation, negotiation, and conciliation, which are non-binding.

In arbitration, the parties surrender to one or more neutrals control of their dispute, much as they would to a judge or jury at trial, but with three key benefits:

  • Control of the selection of the rules for information exchange, for the time, place, and procedure for the hearing of proof and argument, and for the binding effect, if any, of a final decision ultimately resolving the dispute.
  • Scheduling flexibility.
  • Where useful, selection of one or more neutrals to serve as arbitrator who have specialized knowledge or experience the parties judge would allow a fairer or more accurate resolution to their dispute.

The parties select one or more neutrals to hear their respective evidence and argument and to render a decision resolving all issues in dispute.

 

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VIEW RULES OF ARBITRATION

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