Fort Myers FL Insurance Arbitration Services
Arbitration is an alternate dispute resolution process where parties involved in controversy want to resolve their dispute without having to go through the court process. Submission of the dispute is usually to an unbiased, uninterested third party. The decision is issued after both parties have had fair and equal chances to be heard. The arbitration clause has become more common in certain situations, including different franchise organization agreements, consumer relationships, business contracts and sometimes prenuptial agreements.
How Florida's Arbitration Process Works
The arbitration clause is basically a three-step process. It is usually initiated by one party filing for arbitration pursuant to the arbitration clause. Immediately afterwards, the other party is informed.
An arbitrator is then chosen by the parties. Business Arbitration in Florida Requires Detailed Knowledge
The arbitrator sets a preliminary hearing to agree upon the procedural manner of hearing the case and to determine if there is a need to call on extra witnesses. This is usually a straightforward process. The parties involved agree from the start what awards are at stake. The date and time for the arbitration is set.
Finally, on the set date, parties involved in the controversy get to present prepared information, usually in the form of written and oral evidence. Usually it takes only one hearing unless the case is particularly complex. However, if extension of time is given, submission of extra documents that could aid in making the final decision are allowed. The final decision is binding on all parties and can be appealed only in limited circumstances..
How a Good Arbitration Attorney Can Help
The Process Go Smoothly
Usually a skilled attorney with a large amount of arbitration experience is chosen as an arbitrator to ensure that the process goes smoothly and efficiently. There are certain things that the arbitrator can do, including the following:
- The arbitrator should follow the legal procedural guidelines that have been put down to guide the arbitration process. They should be careful not to be involved in any kind of corruption and should have no legal interest in either party or the outcome.
- The arbitrator should be impartial and should look past irrelevant issues such as social and economic standing or the amount of authority one party has.
- The arbitrator should ensure that as the decision maker in the arbitration process, he should not refuse to hear the pertinent evidence of either side. This could lead to extra legal proceedings where both parties would have to go to court in an appeal.
- The arbitrator must make certain that he gives a definite decision at the end of the arbitration process. If not the whole procedure is deemed void.
- The arbitrator should employ his skills and expertise to ensure that the preparation and the entire process goes through in the desired manner and a speedy, fair decision is made.
What to Do Now
Are you or someone you know involved in a dispute, but want to avoid going to court? The arbitration process may be right for you. Contact our office so Mr. Burkett can take a look at your case. No one wants lengthy court cases or endless legal proceedings and Burkett Law Office may be able to help determine the best course of action for you, so you can get your matter quickly resolved and move on with your life.