Arbitration results in a binding decision by a neutral selected by the parties after a hearing held according the rules upon which the parties agree.
California Arbitration & Mediation Services panelists are trained and experienced with a broad range of subject matter expertise. The rules of arbitration may vary widely, particularly for the admissibility of evidence. The rules of evidence for arbitration are much more liberal than in court. The tendency in considering evidence is to be more inclusive than less.
Also, the presentation of testimony may be more informal. With a trier of fact who will decide on evidence and facts, the concern about confusing a jury does not exist. Your arbitration can be held before a Certified Court Reporter (reported) or not, depending upon the desires of the parties.
Binding arbitration awards are usually converted into a Judgment on a motion by the prevailing party. That Judgment is the same as if decided by a Judge and/or jury. Though most arbitration awards are not “appealable,” a dissatisfied party may move the court to set aside or “vacate” the award. However, unlike appeals of court judgments, the grounds upon which an arbitrator’s aware may be vacated are limited. The PARTIES or the contract or any other instrument requiring arbitration, control the “jurisdiction” (i.e., the authority to decide issues) of the arbitrator or the parties may agree in writing to bring the case to arbitration in which they may confer upon the arbitrator any authority they wish. Essentially, the parties may set many of the rules of the arbitration though arbitration is controlled by the California Civil Code or some institutional rules for arbitration. Arbitration gives the parties more control over the conduct of their matter than can a trial judge.
California Arbitration & Mediation Services panelists are experienced in real estate, government land claims, employment, professional negligence/malpractice, public/municipal law, personal injury and uninsured motorist claims, construction, contracting, real estate and related matters, and many more. California Arbitration & Mediation Services also features an arbitrator trained and qualified by the American Health Lawyers’ Association who is a panelist on the Kaiser Health Plan panel of arbitrators. Review the Panelist Biographies on this website and check the fee schedule. You will find California Arbitration & Mediation Services has the right arbitrator at an affordable fee for your case.