Civil Litigation | Arbitration
The Importance of an Honest Arbitrator
In a business dispute or civil litigation, an honest arbitrator will go a long way toward ensuring you get a fair shake. Conflicts are a part of life, and it is equally true that both sides of a dispute tend to dig their heels in, believing they are absolutely correct.
Such realities make it difficult to reach common ground that allows both parties to reach a resolution. This is why an honest arbitrator is so important since the arbitrator will fairly and effectively attempt to resolve the dispute in a way that provides a fair end result to both parties.
How a Good Arbitrator Helps an Arbitration Dispute
Unlike court proceedings, an arbitration is not governed by the Rules of Civil Procedure. Arbitration is governed by the contract the parties agreed to, so long as the rules and terms outlined are legal. Unlike a court case that may be appealed, an arbitrator’s decision is typically final. As such, it is critically important to find a fair arbitrator who will fairly assess a civil litigation dispute.
To start, an arbitrator should make the proceeding as efficient as possible. Unless the rules state otherwise, an honest arbitration will help arguing parties to:
- Exchange information and evidence with each other, limiting the need for lengthy formal discovery
- Schedule a hearing as soon as possible, while remaining flexible and fair to the needs of both parties
- Have the opportunity to present their evidence at the hearing
- Have all pieces of evidence read, assessed and evaluated before a final hearing
- Receive a fair determination once the matter has been submitted to the arbitrator for a decision
When the arbitrator makes a ruling or makes an award to a given party, an honest arbitrator will give the reasoning behind the determination. This prevents the need for a judge to modify the arbitrator’s decision since the legal reasoning will be prudently and carefully thought out.
Fowler St. Clair helps Arizona clients with their civil litigation and business law mediation needs. Contact our team to receive a legal consultation and discuss your legal dispute.