Arbitrations
Many disputes between parties can be resolved efficiently and satisfactorily through arbitration. Arbitration is a process in which an impartial third person is an appointed representative to make a final decision in a dispute between two or more parties. There are many advantages to having an arbitration; we offer arbitration for the resolution of disputes. Keep in mind the benefits of arbitration:
- Arbitration is fast.
- Arbitration provides an informal setting to resolve a dispute.
- Arbitrators hearing the cases are experts trained in hearing construction matters.
- Electrical system (including main electrical panel)
- Arbitration is binding and fair.
- An award may be enforced in court.
Arbitration is binding. This means that both the consumer and the contractor whose dispute is resolved by an independent third person (the arbitrator) must comply with the decision of that third person. In binding arbitration, parties who refuses to comply with the arbitrator's award may be taken to court and have a judgment entered against them.
If the complainant chooses to participate, the parties involved are obligated to participate. If the respondent contractor (the contractor against whom the complaint is filed by the complainant) refuses to participate in arbitration and the complainant obtains an award against the contractor, the award will be enforced as if the respondent had been present at all of the proceedings.
Once a complaint qualifies for arbitration, a Notice to Arbitrate form will be sent to both parties. This form, indicating the names and addresses of the respective parties, will outline the claims and relief sought by each party.
When we receive a signed Notice to Arbitrate form, we will then set a hearing date, time and place. The parties will be notified in writing of the scheduled hearing.
Each party will be responsible for his or her own case presentation at the hearing. Parties may hire an attorney to represent them or they may present their own cases. In either instance, case preparation is very important. Both parties should review the Notice to Arbitrate form for an understanding of all the issues and as preparation for gathering relevant evidence.
Points to remember about arbitration:
- Arbitration hearings are informal and held at a location near the parties or on-site.
- Both parties are responsible for preparing their cases and presenting them at the hearing.
- If parties want a record of the hearing, they will have to pay for a court reporter or make other arrangements to record the proceedings.
- If parties want to be represented by an attorney, they will have to hire one at their own expense.
- If parties need an expert witness to assist in the presentation of their cases, they may hire one at their own expense.
- In most cases, a party will not be able to file an independent civil suit in court regarding the same issues that have been decided through arbitration.
- Grounds for appealing an arbitration award are very limited.