What Is Arbitration? When Is It Available In Business Law Cases?
Arbitration is where you have a third party with decision making authority decide your case. It can be binding or non-binding. If it’s binding, then once the decision of the arbitrator is made, the losing party can’t go to court unless there has been some type of crucial error in the arbitration. In non-binding arbitration, the arbitrator makes the decision and the losing party has a certain period of time to file a suit after the arbitration order has been issued. The judge does not have to follow the decision of the arbitrator.
You present evidence to the arbitrator and conduct discovery. It is almost like a smaller version of a trial, although some arbitrations are just as long and just as tedious as a regular trial. It is a way to stay out of the court system and it can be done voluntarily by the parties or it can be done via a contract that says you must go through arbitration to settle any disputes. There are statutory considerations for certain types of corporations. Condominiums, in the state of Florida, for example, are sometimes forced to go to non-binding arbitration.
Are Jury Consultants Used In Business Litigation Cases? Is So, How?
Jury consultants are used in a very small percentage of cases because of the expense. If you have a very narrow issue and you think a jury needs to be educated on that issue, then a jury consultant may help. If you think that this type of issue lends itself to a certain type of juror that is in a certain type of profession, a jury consultant could help. In a typical case involving small to medium businesses, jury consultants are not used very much at all. In larger cases, it’s not unusual to have jury consultants since the cost is less prohibitive to a larger company.
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