Arbitration attorneys will listen to both sides of a civil case and than make a decision. Their decision is binding and can include naming what monetary awards or fees will be. Arbitrators must be licensed attorneys, either currently practicing or retired. When arbitration is chosen, there is no jury and the right to appeal to a higher court is waived. The decision made by an arbitrator in a court case are binding and final. People also forego the right to pursue a criminal lawsuit when they agree to having their case heard by an arbitrator. The benefit of using an arbitration process and attorney is that the time and expense of a lawsuit can be greatly reduced. Most arbitration cases involve civil litigation. Arbitration became a popular solution in the 1980′s when it became widely used in the United States for resolving securities industry disputes. The arbitration process also remains private, providing both parties comply with the arbitrator’s decision.

Most jurisdictions have specific laws that address arbitration. Most people are concerned about the dollar amounts or possible controversy that can be attached to any civil case. Arbitration is typically recommended when there is less money at risk. And arbitration is not typically an option when dealing with cases that are being appealed. Cases that involve property on a domestic or private level are typically good candidates for arbitration. Arbitration is not typically used for determining child support or spousal support.

The parties involved can also sometimes request that an arbitration decision be nothing more than an advisement. In this case, the decision is not binding and the parties can then make the choice to pursue additional legal action or follow the recommendation. This is not, however, considered mediation. Mediation is something entirely different. There are many ways that an arbitrator is different from a mediator. The biggest single difference is that mediators do not have to be attorneys. They can not provide legal advice, and they do not have the legal authority to make any binding decisions on cases. Arbitration attorneys must be agreed on by all parties who are hiring the arbitrator. However, there may be times when one certain group has decided to find and hire an arbitrator. When this happens, that group can make the final decision on who will be hired. There are often lists of arbitrators available to help people make a decision in whom they will hire. When the parties involved can not agree on one arbitrator, the courts have the power to randomly assign one.

Arbitration is the alternative choice available to resolve disputes without going for litigation or trial. Both the parties have to agree that a third party arbitrator will act as both judge and jury. Arbitration can be binding or non-binding but quite often it ends in a settlement. In a non binding arbitration no arbitration award what so ever is issued. In a binding arbitration, the arbitrators’ decision is final and cannot be disputed or appealed. The parties may even agree to follow the rules put down by the AAA (American Arbitration Association).

It is well known that litigations can last for a very long period of time and often takes years for a case to settle. Unlike in litigation, during arbitration the rules of evidence and related procedures become quite relaxed. One can generalize and expect the following benefits during arbitration: Less expensive than litigation, Faster process, Lesser involvement with lawyers, Binding and non binding arbitrations possible, Arbitrator’s fees is lesser than that for a lawyer, Helps sooner settlement in non binding arbitration, As the arbitrator is not bound by the procedure rules he is more practical, No appeals can be filed on a binding arbitration

Before deciding on arbitration it is essential for the client to reflect and see if arbitration has to be preferred over litigation. This should be done considering all what is at stake, including time and the money involved. The arbitration clause has to be well reviewed preferably with the help of a lawyer.

With non-binding arbitration, the arbitrator makes a determination of the rights of the parties to the dispute but this determination is not binding on them. The award given is just an advisory opinion. Thus here the role of an arbitrator is similar to that of a mediator in a mediation. However unlike in mediation the arbitrator remains totally away from the actual settlement process though he might give suggestions. What happens after a non binding arbitration? Well subsequent to a non-binding arbitration, it is up to the parties involved; they are free to pursue their claims either via the courts, or by a binding arbitration.