Preparing for Non-Binding Arbitration
Arbitration is among the alternative dispute resolution options that are often pursued to resolve disagreements between two or more parties. It often requires the disputing parties to submit evidence and testimonies to one or more qualified arbitrators, who will help the parties come to a conclusion. However, depending on the surrounding circumstances, the disputing parties may be able to agree to a non-binding arbitration. This means that the parties are not bound by the arbitrators' decisions.
The Neutrals® is committed to offering dedicated and trusted advocacy to clients in dispute resolution matters. The experienced arbitration attorney at the firm is available to discuss your unique situation, enlighten you about what to expect during a non-binding arbitration, and help you prepare accordingly. The firm proudly serves clients across South Florida and nearby areas.
Understanding Court-Ordered Non-Binding Arbitration
Arbitration can be described as a dispute resolution procedure that involves submitting testimonies and evidence to one or more qualified arbitrators—who will help parties make a decision on the dispute. However, their decision may be binding or non-binding.
In non-binding arbitration, the disputing parties will agree to a clause—prior to commencing arbitration—that any decision made by the arbitrators is not legally binding upon them. As a result, the arbitrator's decision or award will only be final if both parties agree to it. Regardless of the outcome, a non-binding arbitration can help both sides gain more understanding and get direction on the dispute.
When Will the Court Order It?
The court may order a non-binding arbitration when:
only one of the disputing parties agrees to pursue a binding arbitration, or
one of the disputing parties isn't responding.
However, since it is a non-binding arbitration, the parties may seek litigation or other dispute resolution alternatives if they don't accept the arbitrator's award. An experienced attorney can enlighten you about the non-binding arbitration process and what to expect.
The Non-Binding Arbitration Process
Furthermore, non-binding arbitration is usually less formal than a court trial. Once it is court-ordered, all sides must participate in the non-binding arbitration. The disputing parties will present their evidence and testimonies to the neutral arbitrators. The arbitrators will review the available evidence and make a decision. However, the arbitrator's award is not legally binding unless they agree to it.
Stages of a Non-Binding Arbitration
Here are the different stages involved in a non-binding arbitration:
Introduction: The arbitrators and participants will introduce themselves. The arbitrators will also explain how the non-binding arbitration works to the participants.
Outline Issues: The arbitrators will call on each party to explain the dispute from their perspective. The disputes and issues will be categorized accordingly.
Present Evidence: Also, the disputing parties will be asked to present their case and various evidence to support their position. Also, each party may be asked to submit relevant documentation and call on witnesses to testify. The arbitrators will allow the other party to cross-examine the witness to obtain more information.
Concluding Arguments: Each party will be called upon to provide concluding arguments to further support their case and state the resolution they seek.
Arbitration Award: The arbitrators will review the evidence, witness statements, and arguments to issue a final decision or award—generally at a later date.
A dedicated lawyer can help you prepare accordingly and guide you at every stage of the non-binding arbitration.
Preparing for Non-Binding Arbitration
Here are some insightful tips to help you prepare for a non-binding arbitration:
Familiarize yourself with the rules and etiquette of arbitration.
Know the number of arbitrators that will be on the panel and the mode of selection.
Review and understand the arbitration clause and other contracts.
Gather necessary witnesses and substantial evidence to support your position or dispute the other party's claims.
Be prepared for the different questions or objections that the arbitrators may throw at you.
Focus more on the facts of your case.
Seek legal guidance from an experienced attorney.
A knowledgeable attorney can help you prepare for non-binding arbitration, walk you through the entire arbitration process, and improve your chances of a successful outcome.
Legal Guidance When You Need It Most
Though the decision from a non-binding arbitration is not legally binding on the disputing parties, the arbitration award can still influence the judge or jury's verdict. Therefore, preparing for a non-binding arbitration is crucial. Attorney Marcus and Attorney Williams at The Neutrals® are committed to guiding clients through the complex procedures involved in non-binding arbitration.
As your legal counsel, they can evaluate your unique circumstances and enlighten you about the benefits of seeking non-binding arbitration. In addition, they will guide you through every stage of the non-binding arbitration, work diligently with all parties involved to achieve a feasible resolution or seek other dispute resolution alternatives.
Contact The Neutrals today to schedule a simple consultation with a seasoned arbitration attorney. The practiced lawyer at the firm can offer you the personalized legal counsel you need to make informed decisions during arbitration. The firm proudly serves clients across South Florida and nearby areas.