Jurisdictional Menas of Resolving Conflicts
Jurisdictional Menas of Resolving Conflicts
Jurisdictional Menas of Resolving Conflicts
In a more formal setting, the arbitrator will conduct a hearing where all parties
present evidence through documents, exhibits and testimony. The parties may
agree to, in some instances, establish their own procedure, or an administrating
organization may provide procedures. There can be either one arbitrator or a
panel of three arbitrators. An arbitration hearing is usually held in offices or
other meeting rooms.
The result can be binding if all parties have previously agreed to be bound by the
decision. In that case, the right to appeal the arbitrator’s decision is very limited.
An arbitrator’s award can be reduced to judgment in a court and thus be
enforceable. In nonbinding arbitration, a decision may become final if all parties
agree to accept it, or it may serve to help you evaluate the case and be a
starting point for settlement talks.
How and When Arbitration is Used: A common use of arbitration is in the area of
labor disputes – between firefighters and the city in wage disputes, for example.
You will usually be represented by an attorney in arbitration.
Many contracts have clauses that require that disputes arising out of that
contract be arbitrated. You may have seen such a provision when you applied for
a credit card or opened a retirement account or other account with a
stockbroker. You may want to explore using this process if you and the other
side agree that the problem needs to have someone make a decision, but you do
not want the expense of going through the court process. If you agree to
arbitrate or sign a contract with an arbitration clause, you should understand the
arbitrator may make the final decision, and you may be waiving your right to a
trial in court.
Characteristics of Arbitration:
Definition: Litigation is the use of the courts and civil justice system to resolve
legal controversies. Litigation can be used to compel the opposing party to
participate in the solution.
How and When Litigation is Used: Our American civil justice system is one of
the best in the world. Our Constitution gives us the right to a fair trial. If you
want your day in court with a judge or jury of your peers deciding the outcome,
the pursuit of litigation and trial of the case is for you.
You may be in a municipal court, state district court or federal court depending
on the type of dispute you have and where your attorney files your case or where
you get sued. State court trial judges are elected on a nonpartisan ballot, though
vacancies are filled through an appointment process from highly qualified
applicants. The district courts also appoint special judges who handle certain
kinds of cases, such as small claims and divorces. These judges are selected by
the district judges from qualified applicants. Federal district judges are
nominated by the president and confirmed by the U.S. Senate. Federal
magistrates are selected by the federal district judges. In all courts, cases are
randomly assigned to the various judges. You have no choice concerning which
judge will hear your case. Juries are randomly selected from a jury wheel of
licensed drivers within each state judicial district and, in the case of federal
court juries, from a jury wheel of registered voters and drivers license holders.
Characteristics of Litigation: