Arbitration
Arbitration and mediation are two types of Alternative Dispute Resolution (ADR), which is a way to resolve conflicts outside of traditional lawsuits and courtrooms. Sometimes, lawyers are involved and sometimes not. ADR can be used: Divorce or child custody / Enterprise disputes, personal injury or accident cases, consumer complaints (such as car sales) and commercial disagreements business complaints against financial and brokerage companies, Landlord-tenant fights, minor criminal matters. Mediation is conducted by a "mediator," arbitration by a "referee" (or, in special cases, more than one arbitrator, acting together, called "panel"). Arbitrators and mediators are neutral and have no interest in the outcome, they are mostly retired judges or lawyers being paid by the hour by the parties involved. In order to proceed to arbitration or mediation parties use in general, a private ADR. ADR session usually takes place in a private office, rather than a court. An agreement is signed, committing the company to pursue arbitration or mediation procedures. New York Civil Practice Law and Rules provides at Section 7501: Effect of arbitration agreement a written agreement to submit any controversy thereafter arising or any existing controversy for arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction of state courts to apply and enter an award decision. In determining any matter arising under this article, the court need not consider whether the application on which arbitration is sought tenable, or otherwise pass upon the merits of the dispute. A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts to enforce state and enter an award decision. In determining any matter arising under this Article, the court did not consider whether application of the arbitration is requested tenable, or otherwise passing on the merits of the dispute. difference between mediation and arbitration is that arbitration is final and binding and mediation is not "if mediation can not be made parties to agree, nothing is resolved. Mediation can be helpful in bringing the two (or more) sides together. Mediation procedures vary, but the parties meet first with most of the media to explain their positions. The mediator may then meet separately with each party, go back and forth to reach a resolution. Most disputes are resolved, and often, parties are invited to sign a written "settlement agreement" is binding and final. Arbitration is more like going to court is a "mini-trial." A judge hears evidence and listens to witnesses and make a decision, acting as a private judge and jury. The arbitrator makes a decision, called "award." Award arbitrator is final, can not be disputed, and may be enforced as a court under Article 75 of the New York Civil Practice Law and Rules. Why ADR? Because: It is cheap and fast. Stress tends to be low, since the outcome is rapid and definitive. The case is over and done with. To resolve cases in New York, personal injury and accident either mediation or arbitration can be used . In mediation the applicant or the applicant will send a lawyer who may or may not have the client participate. Defence will produce either an insurance company representative or a lawyer, which may in telephone company insurance settlement for the authorization as the parties near agreement. Each party may submit hospital reports, medical reports, photographs, or other materials to support the mediator in understanding the nature of the case. In arbitration, the parties witnesses or evidence, although the parties did not need medical or other expert witnesses appear and testify, instead submitting their reports. This can result in enormous cost savings. A device often used in New York accident arbitrations is the high / low agreement. This means that the parties will agree in advance that the award will not exceed a certain value, and not exceed an amount different from below. For example, If the parties agree to a $ 50,000 / $ 100,000 high / low (ie could be called a small / large), unless the arbitrator awards an amount below $ 50,000, the applicant would get an additional $ 50.0 00. If the judge grants more than $ 100,000, the plaintiff would only get $ 100.0 00. If the referee gives a sum between $ 50,000 and $ 100,000, the applicant should obtain the exact amount. The existence of a high / low agreement is generally not disclosed by the arbitrator. Smart lawyer applicant will now have signed on arbitration and high / low agreement, because the client is limiting his or her potential monetary recovery, and giving both the right to a trial and the right to appeal an unsatisfactory award. Advantages of an agreement for high / low: For the defendant insurance carrier can ensure that an award will not exceed its insurance company available. The applicant can ensure that he or she gets something, and will not leave empty-handed.
