Understanding the Arbitration Process
Arbitration is an alternative dispute resolution method that can help the parties reach a settlement or agreement rather than going forward and incurring the costs and delays of formal lawsuit or trial. Parties often select arbitrators based on their experience with the subject matter.
The Role of an Arbitrator
Arbitration is a process that requires a neutral third person, called an Arbitrator, to consider the facts, evidence, and arguments presented by parties in a case. At Arbitration both sides may be represented by an attorney, or they can choose to participate without an attorney.
The Arbitrator does not represent either side but acts as a judge hearing the case. the Arbitrator, usually a retired judge, attorney, or someone with specific industry knowledge, renders a decision at the end of an arbitration hearing. That decision is final and binding, subject to limited court review.
The Arbitration Process in Nevada
In general, the arbitrator is an impartial person chosen by the parties. The arbitrator reads briefs and documentary evidence, hears testimony, examines evidence, and renders an opinion on liability and damages in the form of an arbitration award after the hearing. Once confirmed by a court of appropriate jurisdiction, the award can be subsequently entered as a judgment.
Most arbitration is initiated by a pre-dispute contract entered into by the parties, in which they agree that if a dispute should arise, the parties shall (are required) or may, depending on the contract, elect Arbitration. The Federal Arbitration Act, coupled with the state arbitration law of the place of arbitration, generally governs the process.
Many cases in Nevada require or have the option for Mediation or Arbitration before filing in court or before trial. By agreeing to arbitration (if it is not required) the parties, are waiving their right to a trial. Unless otherwise agreed, the decision is legally binding and non- appealable, except in limited circumstances. Arbitration can be “non-binding” if the parties agree however binding arbitration is far more common.