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Home > Country profiles > USA > Articles > Article detail

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No settlement in mediation?

Wednesday, 14th June 2018

"Clients ask, “Should we go to trial or arbitrate?” Lawyers and their clients often need to answer this question. Most everyone understands what “going to trial” means. However, many may not be familiar with what arbitration entails and when it may be a desirable alternative to a full trial.

Arbitration is a dispute resolution procedure where the parties select a person – sometimes a panel of three – to decide their dispute in place of a judge and jury. The arbitrator conducts hearings, listens to witnesses, reviews evidence, reports and briefs, and issues an award, which may be enforced in court. Formal rules of evidence, strictly applied in court, are usually relaxed in arbitration.

There is, however, no appeal from an arbitrator’s award, absent some egregious conduct such as a failure to disclose that a party or witness is a close friend of the arbitrator. The parties are able to choose the arbitrator that best suits the needs and issues of the case, often one who has experience in the particular field at issue, whereas in court the parties may not decide what judge will be assigned the case."

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Language: English
Contact: Richard Griffin & David Brock

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