Arbitration
Jim knows trial and arbitration
procedures intimately.
The parties to an arbitration deserve impartiality, fairness, discretion, and even-handed respect - just as they would expect a court to provide. An arbitrator must have, and exercise, excellent listening skills and make just rulings that are mindful of the Rule of Law. Parties deserve no less. This the service that Jim provides.
Arbitration
An arbitration is a party-chosen means to resolve a dispute outside of the court system. Many of the procedures followed in court are followed in an arbitration, although a bit less formally. Most parties have chosen arbitration as an alternative dispute resolution option to achieve a quicker, less costly, private, means to resolve a dispute. The arbitrator(s) is typically chosen by the parties and, barring some egregious irregularity, the arbitrator’s decision is final. An arbitrator has to have the ability to conduct a fair proceeding, giving each side the opportunity to perform some discovery (generally less than in a court proceeding) and then conduct a hearing where each side is given the opportunity to present witnesses that can be cross-examined, and make arguments advocating the client’s respective position. The arbitrator must conduct that hearing in a fair and reasonable manner, ruling on objections to evidence, evaluating the evidence and applying the law where appropriate. Finally, the arbitrator must issue a fair and well-reasoned decision and make a just award.
What to expect:
Upon being selected as the arbitrator, Jim will request the Demand for Arbitration, the Response and, within 30 days, a 10-page brief addressing the salient facts and the essential issues in the case and each party’s position as to each issue. Jim will then conduct a pre-hearing meeting to discuss the merits of the case, anticipated evidentiary and legal issues, discovery (and the extent of it), the tribunal’s applicable rules and scheduling. Jim will guide the attorneys and their clients through focused, limited discovery to achieve the goal of arbitration - fair, efficient, less costly and quicker resolution. All attempts will be made to schedule the arbitration hearing within six months of the pre-hearing meeting at a time and location that is mutually amenable to the attorneys, their clients and the arbitrator(s). At the parties’ request, a reasoned award will be rendered within 45 days of the hearing; however, if any post-hearing briefing is involved that will briefly extend the deadline for the arbitrator’s decision.
Jim will work with the parties and their counsel to conduct their arbitration within the confines of their arbitration agreement, the chosen tribunal’s rules, and with fairness, civility and professionalism extended to all involved.
Fitzgerald Legal Consult, P.C. arbitrator services are charged as follows: (1) an hourly rate for the arbitrator’s pre-hearing work and assistance, and (2) a flat full or half day rate for each day of the arbitration hearing and issuance of a reasoned award.