The only draw back of not hiring an attorney, is that you will have to do all the work yourself. So be prepared to put in some time to put your case together. Time: Arbitration is typically a speedier resolution process than a court trial. An ordinary lawsuit can take upwards of a year or more from initial filing to the trial.
In comparison, an arbitration hearing can be over in 3 to 6 months from initial demand. If you want the matter handled quickly, arbitration is the way to go. Flexibility: Court litigation is controlled by statutory and procedural rules. Judges are very strict in adhering to these rules and if you break one, you can get your case thrown out of court. On the other hand, arbitration rules are established by mutual agreement of both parties as to the submission of evidence, calling of witnesses, and the manner in which the hearing with be conducted.
Arbitrator or Judge: The soundness of any hearing is largely dependent on the quality of the judge or arbitrator hearing the case. Because this decision has advantages and disadvantages, it is best for homeowners, homeowners associations, and their attorneys to be well-informed regarding these options. What is the standard method to formally resolve a construction defect case? The default method to resolve a legal dispute is a traditional jury trial in court. In construction defect cases in Colorado, these trials typically take place before a local district court judge sitting in the county where the defect-afflicted building is located.
A jury of local citizens in Colorado construction defect cases, six citizens hears the testimony and evidence, weighs the credibility of witnesses, applies the law to the testimony and evidence, and makes the ultimate decision of liability. What is an arbitration?
An alternative to jury trial is arbitration, a private, binding means of alternative dispute resolution. All parties must voluntarily agree to arbitrate. Unfortunately, many consumers, by contract, unknowingly agree to arbitrate their future disputes, sometimes with a certain arbitration company. During the litigation process, there may be multiple judges who are involved in adjudicating pre-trial disputes.
The Judicial Officer may have experience in the area of the dispute, or may not. When a jury is empaneled, their level of knowledge and sophistication may influence the decision they render.
Expertise Arbitrators are often selected from industry experts, i. Recourse The decision made by the arbitrator is final and binding. Unless otherwise agreed, the parties to arbitration generally have limited rights of appeal.
Reasons for an appeal, for example, could include fraud or bias in the conduct of the arbitrator. Although trial court verdicts are not easily reversed, judges occasionally make legal errors.
Those who choose to litigate their legal matter have the right to request a review of a decision by an appellate panel. This is an important procedural safeguard provided by the United States legal system that apply to matters of litigation. The employee or consumer is often placed in a less-than-desirable position of having to face a powerful, experienced, and more resourceful adversary. Arbitration clauses in contracts are often enforced. Having a case heard before a court of law can level the playing field between an individual and a deep-pocketed corporation.
Additionally, it is the opinion of these authors that the jury system is one of the greatest safeguards provided by American jurisprudence. Hire a lawyer with a proven track record of success. Constant Contact Use. Please leave this field blank. Emails are serviced by Constant Contact. Can we contact you by text message? Yes No I am agreeable to receive response test messages in regards to my legal inquiry, which may be considered advertising material.
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Submission of this form also gives Burg Simpson or a member of Burg Simpson permission to contact you by email at the address provided. Thank you for submitting! Our intake staff will review your form and follow up with you shortly. Unlike a courtroom situation which relies on live witnesses or video depositions, plaintiffs can submit medical records and reports from doctors and surgeons in an arbitration.
Also, the arbitrators deciding these cases tend to be experienced and more knowledgeable with regards to medical testimony and terminology, so there is less chance of misunderstanding and confusion. Arbitration is binding.
Both parties agree on the parameters of the award beforehand, most notably the high and low end of the award. Both attorneys also agree to abide by the decision. There is no appeal process and no unreasonable delay in collecting an award. These agreements are non-binding by law so if either side is unhappy with the verdict, they can have it reviewed by a panel of commissioners, following a specific appeals process. Arbitration judges are identified ahead of time. In Cook County, you often do not know who your trial judge will be until the morning the trial starts.
For arbitration, you will know who the arbitrator is and you have a choice if you would rather use someone else. Arbitration is less intimidating.
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