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So You Need to Arbitrate a Dispute...

Arbitration is Not Litigation

Arbitration

There's no other reason for you to be here than the simple but crucial fact that you agreed to arbitrate your dispute. When you did this, you might not even have noticed it. You might not have signed anything. But, if you're approaching arbitration, somebody on your side of your dispute chose this method of dispute resolution instead of going before a jury and a judge.

So, welcome. You might not feel welcome, but you are, even though you'll notice that things are a bit formal.

While not as rigid or as formal as a court proceeding, arbitration still has many more rules than mediation. I want to make clear, up front, what the rules are and set the schedule to get your dispute resolved quickly, inexpensively and as easily as possible. I do believe that every arbitration deserves a custom design process that enables counsel and clients to meet their needs.


New to online arbitration? I've done this enough times, I think I have some useful tips to share. Watch my presentation on remote advocacy below or download my Remote Advocacy Resource Guide (PDF) to learn more.








If you'd like to learn more, let's schedule a call to speak by video conference


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Arbitration is Not Mediation

From my perspective, the chief difference between mediation and arbitration is that an arbitrator, like a judge, makes decisions based on the evidence and the law.

In truth, an arbitrator executes the functions of jury, judge, and appellate courts, all in one. I act like a jury by deciding the facts, like a trial judge by deciding the outcome of a case, and like the appellate courts by making a final binding decision that has extremely limited grounds for appeal.

Whether you're a legal assistant, an attorney, or a client, if you need me to make a decision about your dispute, there are specific steps you will need to take. This section of our web is here to help you get what you need.

If you're a client, you need to be comfortable that you want me to make binding decisions in your dispute. To make that easier, we've provided links to my comprehensive resume and LinkedIn profile.

Please understand that I don't mean to be rude by not communicating directly with you about your dispute. If you need me to arbitrate for you, everyone will have to play by a set of rules dictated by the arbitration clause that you or someone else agreed to on your behalf. You're stuck with whatever rules were in that clause unless or until ALL the parties agree to some other set of rules. I can start working with you as soon as the rules you agreed to allow.

If all the parties would like to schedule a joint preliminary interview call, I'll be very glad to talk with you - or to exchange email with you - so long as everyone involved with the arbitration is included.

To get the ball rolling, or if you've got questions, please contact Carolina El’Azar, not me.