No. Although parties can agree to accept an arbitrator's decision as binding, they can also agree to non-binding arbitration that would allow for the request of a trial if they don't find the arbitrator’s decision acceptable.
Arbitration
Filing a lawsuit and going to court is typically the last resort for those involved in business litigation.
Arbitration is an alternative dispute resolution (ADR) method that can provide many advantages over going to trial, but you need a lawyer who understands how to navigate this process.
Hoge Law Firm in San Diego, CA, can connect you with a lawyer who can protect your best interests in arbitration.
Now Is the Time to Consult a Lawyer Hoge Law Firm Can Connect You With the Right Advocate
If you want to initiate arbitration to resolve a business dispute, time is limited. The specific statute of limitations depends on the nature of your case. Consult a San Diego business litigation attorney as soon as possible to make sure you don’t miss crucial deadlines.
If you believe a party will file against you, it is equally important to consult a lawyer as soon as you can. He will be able to help you protect your best interests and identify resources such as any available insurance coverage of your legal defense expenses.
The more time passes, the greater the likelihood of making a costly mistake. Enter arbitration with an advocate who shares your commitment to achieving the best possible outcome.
Request a consultation with Hoge Law Firm in San Diego, California, today to get connected with an attorney. You can write to us or call:
What Is Arbitration?
Arbitration is an alternative dispute resolution (ADR) method that takes place in private hearings. Key distinctions include:
- Instead of a judge, arbitration is decided by an arbitrator, a neutral third party who can be chosen based on input from both the prosecution and defense.
- It can be either binding or non-binding, meaning parties can agree to waive or retain their right to a trial if they don't agree with the arbitrator's decision.
- Arbitration offers far fewer avenues for appeal than traditional litigation.
Presenting to an arbitrator (who is often a retired judge) is a skill unto itself. This is largely because arbitration is governed by its own set of laws and involves different rules than traditional litigation. Hoge Law Firm is led by Charlie Hoge, a lawyer who has been presenting to arbitrators for over 30 years. He knows what it takes to get the best possible results through arbitration, and he can place you in touch with an attorney who is capable of navigating this ADR procedure in a way that can protect the best interests of your business. From choosing the right person to arbitrate your case to making sure you meet every deadline, your attorney will guide you along the most likely path to a favorable outcome. Let our San Diego, California, firm help you get started.
Presenting to an arbitrator is a skill unto itself. This is largely because arbitration is governed by its own set of laws and involves different rules than traditional litigation.
Arbitration versus Traditional Litigation
You Can Get a Faster Start and Resolution
In many cases, arbitration can begin sooner than a trial. Arbitration could also allow you to reach a resolution in a matter of months, while litigation could take years.
You Can Choose Your Arbitrator
In a trial, a judge is assigned to the case by the courts. In arbitration, both parties play a role in selecting the arbitrator. This allows you to choose an arbitrator who has experience in the specific type of dispute you wish to resolve, and will likely have a better understanding of both parties' position.
Arbitration Provides Privacy
While court sessions are open to the public, arbitration takes place in private. Parties also have the option to keep the outcome confidential. This aspect can be especially beneficial to employers, and is why many business contracts stipulate that certain disputes must be resolved in arbitration.
Maintain Business Relationships
Keeping the legal dispute out of court and the public eye can allow both parties to resolve the matter amicably. This is often ideal, particularly when the disputing parties will work together again in the future.
Arbitration Can Cost Less
In some cases, arbitration can be a less costly means of dispute resolution than litigation. Since the arbitration process is often faster, it can result in less money spent on legal fees. However, depending on the complexity of the case, arbitration can involve a significant cost to both parties. When parties choose non-binding arbitration, there is a possibility that the process will be followed by traditional litigation and far more legal expenses.
Hoge Law Firm in San Diego, California, can place you in touch with a lawyer to help you decide if arbitration is the best avenue for dispute resolution. Write to our law firm or call us to request a consultation:
Arbitration versus Mediation
Like arbitration, mediation is an alternative dispute resolution procedure that involves two parties and their attorneys meeting in private sessions. However, instead of an arbitrator who is responsible for making a decision, a mediation procedure involves a mediator, a neutral third party who serves to help the two parties reach an agreement. Parties can choose their mediator. If an agreement is reached with the help of a mediator, it is non-binding until it is approved by a judge.
In some cases, parties may first attempt to resolve a dispute in mediation. If the mediator doesn’t succeed in helping to reach an agreement, the parties may choose to try and resolve the dispute in arbitration.
Hoge Law Firm can help you decide whether mediation, arbitration, or a trial is best for your needs.
Your Case Deserves Qualified Representation
Hoge Law Firm Can Get You the Advocate You Need
Charlie Hoge is a San Diego lawyer who has been helping clients navigate business litigation for more than 30 years. He has personally handled many successful cases in arbitration, mediation, and traditional litigation, making it possible for businesses to move beyond a variety of disputes and prosper.
If you are involved in a business dispute, Charlie Hoge can connect you with an attorney who can help you achieve the best possible outcome in arbitration when this procedure would serve you better than traditional litigation and other alternative dispute resolution (ADR) procedures.
Don't wait any longer to be connected with the legal counsel you need. To request a consultation, you can write to our San Diego, California, law firm or give us a call:
Is Arbitration Right for My Case?
Arbitration can provide a wealth of benefits over mediation or trial in the right situation, but it may not be suited to others. In some instances, parties may not have a choice. Let’s take a look at some reasons why arbitration may be the best avenue of dispute resolution for you:
It may be required in a contract or dictated by the courts.
In many cases, a contract dictates that a dispute must be resolved in arbitration. It pays to consult an attorney as early as possible if you wish to file suit or if you believe you may be facing a lawsuit soon. Your advocate will be able to examine all pertinent agreements and determine if you have any choice regarding how your case is resolved.
It could save you time and money.
In many instances, arbitration has allowed parties to begin litigation sooner than a trial would allow, and has saved them time and money thanks to a comparatively more efficient procedure. However, this isn’t guaranteed. When you consult an attorney who understands arbitration and has an intimate knowledge of business law, he can help determine the likelihood of arbitration benefitting you more than a trial or mediation.
It might make your position better understood.
If you want a neutral party with a deeper understanding of the dispute, arbitration may be the best choice. There is no guarantee that the judge assigned in traditional litigation will have experience with cases like yours. But when you decide to resolve your dispute in arbitration, you and the other party can choose an arbitrator who has helped resolve cases like yours.
It may be ordered by the courts.
In California, if the amount of monetary damages at stake doesn’t exceed $50,000 for each plaintiff, the courts may dictate that your case goes to arbitration. Whether you want to go to arbitration or it's required, Hoge Law Firm in San Diego is ready to help you.
In California, if the amount of monetary damages at stake doesn’t exceed $50,000 for each plaintiff, the courts may dictate that your case goes to arbitration.
What Does Arbitration Cost?
A private arbitrator is paid by the parties at a regular hourly rate, in addition to other fees. In California, a private arbitrator’s hourly rates can range from $200 to $1,000. Parties can also choose to use an arbitrator on the court’s arbitration panel at a rate of $150 for up to four hours and a maximum of $300 for a case that requires more time. If the court orders a case to arbitration and parties choose to use a panel member, the person who arbitrates your case will be paid by the courts.
You may have an insurance policy that covers some of your legal costs of defending a case in arbitration. This coverage may pertain to you as an individual, or to your company as a whole. If you’re not exactly sure what your policy covers, get in touch with Hoge Law Firm in San Diego. We will connect you with an attorney who can examine your policy to determine if any of your legal fees are covered. He can also negotiate his legal fees directly with your insurance provider.
Hoge Law Firm is focused on allowing you to invest your time and attention in the daily operations of your business while your advocate goes to work protecting your best interests.
It’s Never Too Soon to Consult an Attorney
About Your Business Litigation Case
No one ever looked back on a business litigation case and wished they had waited longer to consult an attorney. Gathering answers regarding the preservation of evidence, arbitration clauses, possible insurance coverage of legal fees, and other matters can be incredibly difficult without legal expertise. Involving a lawyer in your dispute as soon as possible is the single best measure you can take in maximizing the likelihood of a favorable outcome.
Hoge Law Firm in San Diego, California, is here to connect you with an attorney who will go to work right away protecting your best interests and helping you take all the right steps toward the outcome you need. To request your consultation, write to us or call:
What If I Don’t Want to Arbitrate?
Do you feel your goals might be better served by having a degree of publicity around your case? Is there an arbitration clause in your contract? Some clauses grant a period in which you can opt out of an arbitration clause, but this is often a brief period of 30 days. It’s not easy to opt out of an arbitration clause once a contract has been signed and time has passed, but with the help of an attorney, it’s possible.
Before arbitration begins, your lawyer can argue to a judge that the arbitration clause should not be considered valid. The courts have historically interpreted the Federal Arbitration Act (FAA) broadly in favor of arbitration clauses, but that doesn’t necessarily mean there is no hope of opting out.
Talk to a San Diego attorney as soon as possible to explore your options.
Why Arbitration Experience Matters When Choosing An Attorney
Just because an attorney has experience in business litigation does not mean he has a great deal of experience presenting to an arbitrator. Here are just a few reasons why it pays to choose an attorney who is intimately familiar with arbitration:
Arbitration involves unique laws and rules.
The Federal Arbitration Act governs how arbitration works. If your attorney has not studied the FAA and does not have a working knowledge of the rules at play in arbitration, it could result in costs you could have otherwise avoided, as well as an unfavorable outcome. Hoge Law Firm is committed to placing clients in touch with attorneys who understand these laws and can use this knowledge to your advantage.
An attorney familiar with arbitrators can help you select the right one for your case.
If you and the other party have chosen to hire a private arbitrator, you must not waste this opportunity to select someone who understands the type of case at hand. A business litigation lawyer experienced in arbitration can help you choose an arbitrator to whom he has presented in other cases, or someone recommended by colleagues. In other words, he can help you find someone who is more likely to understand your position.
An experienced San Diego attorney can make the right first impression with the arbitrator.
Arbitration involves a preliminary hearing in which the arbitrator can review two important written documents: the claim and the answering statement (the other party’s side of the story). Parties can choose to submit a claim consisting of minimal explanation, and an answering statement is optional, but when either of these documents is crafted with care, it can be a powerful way to begin persuading the arbitrator.
Hoge Law Firm in San Diego has helped clients navigate complex business law disputes for more than three decades. We are here to place you in touch with an attorney who is as invested in the success of your case as you are.
Hoge Law Firm Stands Ready
To Connect You With a Capable Attorney For Your Case
As the leader of a firm that has helped businesses throughout Greater San Diego navigate a variety of business litigation matters, Charlie Hoge understands what it takes to help a client reach the best possible outcome through arbitration.
Whether your case involves contract disputes, partnership dissolution, real estate, or other matters that require experience in business litigation, Hoge Law Firm in San Diego is ready to help you take the all-important first step toward protecting what you have worked so hard to build. Reaching out to our firm means you will speak directly with an attorney—not a paralegal or other person who doesn't practice law. Charlie Hoge understands that time is of the essence, and his firm is prepared to put you and your business on track to a resolution that allows you to safeguard your best interests. To request your consultation, you can write to our San Diego firm or call us directly:
As the leader of a firm that has helped clients navigate a variety of business litigation matters, Charlie Hoge understands what it takes to reach the best possible outcome through arbitration.
Frequently Asked Questions
Arbitration carries many key differences when compared to mediation and traditional litigation. If arbitration is in your future, understanding these differences is key to achieving a result that serves your best interests. The best way to get the answers you need is to consult an attorney who has presented to an arbitrator and understands the subtle nuances of this alternative dispute resolution method. For now, Hoge Law Firm in San Diego has provided some answers to the most commonly asked questions about arbitration in order to prepare you for a constructive discussion with your lawyer.
Is arbitration always binding?
What will arbitration cost?
When parties choose a private arbitrator, they can expect to pay an hourly rate that could range from $200 to $1,000, along with other fees. You can also choose to use a member of the court’s arbitration panel at a rate of $150 for up to four hours, or a maximum of $300 if the case takes longer. If the courts order a case to arbitration and the parties choose to use an arbitrator on the court's arbitration panel, the courts pay the arbitrator.
How long is the discovery period in arbitration?
Once a date has been set for arbitration to begin, discovery must be completed 15 days prior. Since a large amount of that evidence is likely electronic, you need to work with a qualified electronically stored information (ESI) preservation vendor.
Who should choose arbitration?
If the type of hearings your case requires isn't specified by a contract, you should consider arbitration if you want to:
- Keep the procedure out of the public eye
- Leave the decision to a neutral third party who has an advanced understanding of your dispute
- Potentially reach a quicker resolution for less than a trial would cost
In California, if the amount of monetary damages is no more than $50,000 for each plaintiff, the courts may dictate that the dispute goes to arbitration.
Who should NOT take a business litigation case to arbitration?
In short, if the two parties want control of the resolution rather than allowing a neutral third party to arbitrate, they should choose another avenue of dispute resolution.
How does arbitration differ from mediation?
Unlike an arbitrator, a mediator’s job isn’t to make a decision - instead, the mediator facilitates both parties’ efforts to reach a non-binding agreement that must ultimately be approved by a judge. If you believe that you and the other party can work together to reach a settlement, mediation may be a faster and more economical means of ADR. During a consultation, your attorney can help you decide whether mediation, arbitration, or a trial is the means of dispute resolution that would serve you best.
The more time passes, the greater the likelihood of making a costly mistake. Enter arbitration with an advocate who shares your commitment to achieving the best possible outcome.
