Denton Arbitration Services
Shipman Dispute Resolution, LLC. offers arbitration services for parties involved in commercial, civil, business, family, and contract disputes. Judge Shipman is an experienced, qualified, and fair arbitrator who can, in lieu of a judge and a court room, preside over and resolve these disputes.
There are many benefits of choosing Judge Shipman to arbitrate your dispute over litigation. For example, arbitration can keep a case out of the public eye yet allow the parties involved to present evidence for their case to be evaluated by an impartial and qualified third party.
When Arbitration is Needed
Parties involved in commercial, civil, family, and business disputes may seek arbitration for various reasons. Often, arbitration is in an agreement between two parties. Such clauses are often included in employment contracts as well as contracts for services like health insurance, home repair, financing on a home, or car purchase. These clauses require that parties use arbitration to settle disputes in order to prevent public exposure, increased legal fees, or other unwanted consequences.
Beyond being required by such arbitration clauses, parties who have previously sought mediation and had it fail may also turn to arbitration. Arbitration, like mediation, offers the parties the benefits of settling outside of court. However, unlike mediation, an arbitrator will decide a case in favor of one side or the other. If lack of goodwill or other circumstances have prevented mediation from being successful, the mediator may recommend arbitration or the parties may seek it independently prior to pursuing litigation.
How Arbitration Works
Since there are two main types of arbitration, those that must be settled in order to fulfill an arbitration clause and those that are undertaken voluntarily, arbitration can work in two different ways.
Binding vs. Nonbinding Arbitration
When arbitration is mandated by the terms of a contract or negotiation, the arbitrator’s decision is final or binding. This means it cannot be overturned or reviewed in a court except under very select circumstances, for example, in the event of fraud.
On the other hand, in voluntary arbitration cases, the parties are free to accept or reject the arbitration. Such arbitrations are rarely the end game in voluntary cases. Rather, parties often use them to assess the viability of their case should it ever head to trial. However, if the arbitrator’s decision is agreed to or not taken to court in the required amount of time, a nonbinding ruling may become a binding ruling.
The Arbitration Process
An arbitrator acts much like a judge in a court room and parties should prepare for the arbitration just as if they are preparing for trial. All the proper documents and witnesses should be present to strengthen their case. Just like in a trial, both sides present evidence and their case to the arbitrator who hears it and renders a decision.
The process is faster, more flexible, and may be cheaper than an actual Courtroom trial, and offers a simplified procedure for parties wishing to come to a conclusion of their dispute out of court.
Keys to a Successful Arbitration
If you are involved or think you may become involved in an arbitration, here are a few key points to keep in mind in order to have the best chance at success:
- Come prepared as you would for a real trial. Know all the terms of any agreements with clauses requiring the arbitration.
- Understand the reasons for your arbitration and if the arbitrator’s decision will be binding or nonbinding.
- If your arbitration is required by an arbitration clause, the issues may be complex. Do not be afraid to hire a lawyer if your dispute represents a significant enough claim.
- If it’s possible to use mediation instead of arbitration, you may be able to work out a more favorable outcome. Don’t rule out mediation if you want to preserve a good relationship with the other party.
If you are in the North Texas area and need the services of a qualified, impartial, and experienced Arbitrator, Contact our office online or by phone at (940) 435-8083 to schedule an initial confidential consultation.