Arbitration

Howard Marshack is sometimes asked to arbitrate disputes; that is, hear cases and make the ultimate determinations and decisions in these cases much like a judge might.  Arbitration is less formal than courtroom litigation but like litigation someone other than the parties themselves decides.

Arbitration is for those who, for whatever reason, simply cannot come to agreement but who do not want to litigate their dispute in the courtroom.  Since the arbitrator is not a judge, arbitrations can be reviewed by a judge if a party so requests.  Judges usually find arbitrated determinations to be influential and rarely set them aside.

Sometimes arbitration can be deemed to be Binding Arbitration even though the decision maker is not a judge.  A binding arbitration is one that a judge has far less authority to set aside.    Binding Arbitration requires technical steps in advance of the meetings.  Otherwise the arbitrator’s determinations may not be technically ‘binding’.  These technical steps require each party to sign an agreement to enter into binding arbitration or the court to order the parties into binding arbitration.

Arbitration has the advantage of operating on an agreed or self determined schedule rather than the long delays often experienced at the courthouse.

Howard’s arbitrations are conducted in an informal atmosphere.  As with mediation, they may take place with or without the active participation of the parties’ respective attorneys.

Some highlights of the Arbitration Process:

• Respectful to all involved
• Results in a fair decision
• A less expensive, more cost effective than courtroom litigation