Arbitration is an alternative to formal litigation whereby a dispute is submitted to one or a panel of impartial persons for a final and binding determination. Arbitration is the most traditional form of private dispute resolution.
In arbitration, the arbitrator ordinarily requires the parties to produce and exchange relevant documents. The arbitration process is flexible, and the parties and the arbitrator can work together to design a prehearing process that is appropriate to the particular circumstances.
Arbitration is a private forum. Hearings are closed, and proceedings are not a matter of public record. Cost of arbitration proceedings is generally less expensive than traditional litigation, primarily due to the absence of substantial formal discovery, extensive motion practice and post-award appeals. Arbitrators are ordinarily selected by the parties for a specific case because of the arbitrator’s general knowledge of the subject matter, training in arbitration procedures and case management, and prior experience and service as an arbitrator.
In selecting an impartial person to conduct an evidentiary hearing, review the testimony and evidence presented by the parties, and render a just award that is enforceable in a court of law, the parties need to have confidence in the arbitrator. The person selected to serve as the arbitrator should have high ethical standards, significant experience in dispute resolution, appropriate training in the conduct of prehearing and evidentiary hearings, and a wide range of knowledge and prior experiences from which to draw in performing services as the arbitrator.
Both Brent Brown and Brian Esenwein have years of training and experience in representing parties in arbitrations and in serving as an arbitrator. Daily and hourly rates for binding or non-binding arbitrations are available to interested persons upon request. Additionally, other Cotten Schmidt litigators provide representation to individuals and companies in arbitration and other alternative dispute resolution proceedings.
