Michael Showalter, President
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Arbitration

Seminars

rbitration is an alternative dispute resolution (ADR) option that CDR provides for its clients. The purpose of arbitration is to resolve a dispute privately using a neutral third-party who will be the decision-maker for the disputing parties. It provides a forum in which the parties to a dispute present their case to an arbitrator or panel of arbitrators for a decision. It is similar to a courtroom trial in that it is conducted in an orderly manner and in compliance with appropriate laws, rules and procedures. However, an arbitration hearing is more relaxed and informal than a courtroom trial and an arbitrator has wide discretion in the application of rules and procedures. The arbitrator functions similarly as a judge in that he or she determines if any claim is valid, and if so, what amount and/or performance remedy is to be awarded and how these are to be carried out.

rbitration requires a bit more preparation time for the parties but can still be scheduled very quickly. Many cases can be heard within a few hours. The purpose of the hearing is to allow an arbitrator to gather and review the facts in order to render a fair decision. Generally, the decision is based more in equity than the strict letter of the law. Therefore, it is important that each party be prepared to convince the arbitrator that their position is right.

ach party has a right to call witnesses and present evidence in support of their case. Each side will be allowed to question the other party, their witnesses, and evidence. Once all the evidence has been presented, the arbitrator will retire to review the evidence and prepare the decision. In binding arbitration, any award rendered in the decision may be enforced in a court of law.

rbitration is an effective form of alternative dispute resolution, oftentimes resolving cases expediently and avoiding the cost and disruption of litigation.


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