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What
is Arbitration?
Arbitration is a process whereby a neutral third-party
hears both sides of a dispute and makes a decision. Usually the parties
agree in writing that the arbitrator’s decision will be binding.
Sometimes all that the parties want is another opinion-- an unbiased,
second-opinion. In that case the parties agree that the arbitrator
will only give an advisory opinion and an explanation of how that
opinion was reached.
Compared to litigation, arbitration is faster, less expensive, more
peaceful and confidential. A knowledgeable person is chosen as arbitrator
who gets to use common sense, knowledge and experience to judge the
relevance and weight (value) of the evidence presented. Thus the parties
don’t have to worry about rules of evidence and what evidence
is admissible. Juries can only give damages. Jury verdicts can be
unpredictably high or low and even arbitrator’s awards can be
unexpected. When both parties are concerned about that, they can agree
in advance to a maximum and minimum payment, which the arbitrator
is not told about. The parties can even agree in advance how any award
will be paid. Like mediation, the parties can even agree that rather
than a money judgment, the responsible party can fix the problem.
The parties can also agree that the arbitrator’s award will
not become a judgment until there is a chance to make good on the
award or to fix the problem. To schedule an arbitration, call (540)
373-1848 or email us at info@vamediation.com.
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