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.

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 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:

Charles Hoge
Arbitrator reviewing documentation with client

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

A Faster Start

In many cases, arbitration can begin sooner than a trial.

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.

Privacy

While court sessions are open to the public, arbitration takes place in private. Parties also have the option to keep the outcome confidential.

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.

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.

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.

Mediator shaking hands with client while other party claps

Hoge Law Firm can help you decide whether mediation, arbitration, or a trial is best for your needs.
Outside San Diego Office

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.

To request a consultation, you can write to our San Diego, California, law firm or give us a call:

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.
Arbitrator at work behind law scales

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.

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.

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 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 is here to place you in touch with an attorney who will take every measure to strengthen your case and maximize the likelihood of a favorable outcome.
San Diego Coast

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

Is arbitration always binding?

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.

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.

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