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Arbitration is a cost-effective alternative to resolving disputes and is often required by a clause in contracts entered into by individuals or entities.
In arbitration, an arbitrator -- a professional, impartial third party such as an arbitration attorney or judge -- presides over a hearing. The opposing parties select the arbitrator and agree to abide by the arbitrator’s decision.
Evidence and testimony can be presented at an arbitration hearing and the arbitrator’s decision can be final. Non-binding arbitration may be appealed whereas binding arbitration may not. Arbitration participants decide whether or not the decision made will be binding.
Engaging an attorney experienced in arbitration to represent you at an arbitration hearing is in your best interests. You are not required to have legal counsel at the hearing.
Having legal counsel at the hearing is advantageous. The decision to hire an attorney includes the following:
If you decide not to hire a lawyer to represent you during the hearing, it would be wise to consult with an attorney to prepare for the hearing.
After reviewing the facts and circumstances of the dispute, your attorney can determine if arbitration is best for you. In many situations you are contractually obligated to go to arbitration.
Your arbitration attorney:
You may use your attorney to protect you throughout the arbitration process or use your attorney for defined tasks.