Mia
The law is one of humankind’s biggest inventions that are completely unique to us, humans. No other living being conveys such behavior that seeks justice if something is not done the right way. Old and modern civilizations are best characterized by their law and how the law is implemented. When the first written law of Hammurabi was introduced, it was a real game changer back in the day. From it stemmed the ground for democracy and later state constitution.
The law is still not perfect, it is an ever-evolving thing that is yet to reach perfection. Not only the law but also the way we implement it because that is what makes the law powerful. Words on paper do not mean anything if there is no one to secure what is written on that paper. Arbitration is a great way of getting around some imperfections that arise in regular dealing with legal matters. Here are 6 things that you need to know about arbitration.
- Filing a claim
There is no definitive way of filing a claim because there are different types of arbitration. However, when filing an arbitration claim it is important to act fast. This is common for every arbitration claim which is why you need to talk to your attorney about these limitations. You will file a claim to a regional office near you which marks the start of this process. This is a generalized procedure, and there may be additional steps depending on your state.
- You still need an attorney
Even though arbitration is handled outside a court, you still need an attorney. You can do it all alone, but it is best advised to do it with the help of an attorney. The other party will most likely also have an attorney and thus you are at an automatic disadvantage. There are a lot of specific details for every unique case, including yours. Only professionals can deal with such specific details that can make or break this arbitration.
- Choosing an arbitrator
Both parties are involved in the process of choosing an arbitrator which makes it more equal. Unlike a regular case where the judge is chosen through a different selection, here you have more choices.
However, this does not mean that you can choose someone who will be more in your favor. It means that you can have an effect on choosing someone more neutral and objective, which is the key here. Thus, the other party can not have an advantage and everyone is on a more equal footing.
- Pros
One of the biggest pros is the fact you can choose a better expert for your unique case. Besides that, it is also much faster than regular court hearings and less formal. Less formal and faster equals less money and time spent on unnecessary complications.
Arbitration is better than regular off-court settlements because they are legally binding agreements. Off-court settlements are more just a deal so they can be left to a bigger interpretation.
- Cons
If you are looking for justice, arbitration may not be the right choice for you. Arbitration, like regular off-court settlements, may result in decisions that please both parties. Thus it may not be fair if you are seeking a bigger compensation in some specific cases. Some specific cases may also cost more than court hearings, but again it all depends on your unique case. Only your attorney can know if the case is subject to these cons.
- It is confidential
Most court hearings are public and they keep strict records of the hearing. However, arbitration is confidential, even more than regular off-court settlements. This is because of the bigger legal binding that comes with arbitration compared to just an agreement.
If you are looking for a quick solution and confirmed privacy, arbitration is a good choice for you. Outsiders will not attend the meetings and it is all just between you and the other party to do the rest.
With these 6 things, you will know what to expect from arbitration. These are general remarks that hold true for any type of arbitration anywhere in the world. However, in order to know further details, you need to consult with a legal professional who deals with arbitrations. Going through such specifics would take too long to do on your own and such articles are too complex to read.
Knowing the ins and the outs of these systems is something we think about when it is too late. Only then does understanding these things start to matter to most people. This does not mean that you should spend your free time learning the legal system, not at all. It just means that learning a thing or two about it from time to time can’t hurt you, it can only benefit you.
