|
HOW TO GET YOUR DISPUTE TO ARBITRATION
You’ve heard so much about the benefits of arbitration and
mediation that you are probably wondering how to go about getting
your dispute before an arbitrator or mediator.
• Dispute Resolution Clauses in Contracts
If your dispute involves a contract please read the contract
carefully. Many contracts contain an arbitration clause or a
future-disputes clause which provides for administration by a large
dispute resolution provider such as the American Arbitration
Association (AAA). The arbitration clause may contain language such
as:
“For the consideration stated herein, the parties agree that
any and all claims or disputes arising from or related to this
Contract or the breach thereof, shall be resolved through binding
arbitration in New York City administered by the American
Arbitration Association pursuant to the arbitration forum’s
applicable rules. The parties will equally share the arbitration
costs, and pay their own attorney’s fees except that the arbitrator
may award any relief permitted under the law, including awarding
attorney’s fees and arbitration costs to the prevailing party.”
A clause such as the one above is self-enforcing. This means that
arbitration can begin despite an objection from a party, unless the
proceedings are stayed by court order or by the agreement of the
parties.
A contract which contains an arbitration clause allows the
parties to move freely toward having their dispute resolved by
arbitration. The parties involved can begin the process by selecting
an arbitrator. If your dispute involves employment or labor law, and
your contract provides for arbitration by AAA, please consider
selecting Ms. Phillips who is an Arbitrator with AAA. When you
contact AAA be sure to let the case manager know that you have
chosen Ms. Phillips as your arbitrator.
• Both Parties Can Decide To Take Their Dispute To
Arbitration
If your dispute does not involve a contract, or if it involves a
contract without an arbitration clause, you may still take your
dispute to arbitration as long as there are no legal or other
impediments to arbitration, and both parties agree.
Remember, arbitration is private and confidential, it will save
you money and time, and it can result in a final and binding award
that is enforceable in a Court. Once both parties agree to use
arbitration to settle their dispute, they must then agree on the
arbitrator. To find an arbitrator the parties may search the data
bases of large arbitration organizations. There are advantages to
using the services of a large organization such as the support
provided by their large staff. There are many organizations which
provide alternative Dispute Resolution Services. One of the most
well-known and respected provider of ADR services is the American
Arbitration Association (AAA)
http://www.adr.org.
AAA is a public-service, not-for-profit organization offering a
broad range of conflict management procedures worldwide. If your
dispute involves employment and labor law, and you decide to use
AAA, please consider selecting Ms. Phillips who is an Arbitrator
with AAA. When you contact AAA be sure to let the case manager know
that you have selected Ms. Phillips as your arbitrator.
The parties may also consider using a solo arbitrator or a
smaller arbitration firm. The advantages of using a solo arbitrator
or a small arbitration firm are you will get faster and more
individualized service. There may also be fewer costs involved.
If you have decided to go with a solo arbitrator or a smaller
arbitration firm, please consider selecting Ms. Phillips to be your
arbitrator. Ms. Phillips guarantees that your matter will be heard
and resolved within one month of completing the initial intake. |
