Disputes can arise due to various issues, such as disagreements over the interpretation of a contract, trade disputes, or even personal differences between parties. When there is a dispute, parties usually go to courts to try and settle the matter. However, the courts may be unnecessary if an agreement can be reached through arbitration. Lawyers can settle commercial and personal disputes. Here are three arbitration aspects these lawyers handle.
Before beginning arbitration, it's vital to determine whether it's worthwhile from a legal and financial perspective. This will enable you to know the costs of the proceeding, potential outcomes, how much you'll save, the type of damages that will result, and how long it will take.
A lawyer can assess your case in several ways. They'll compare it to similar cases and look at the language in the agreement to determine how the dispute should be handled. They may also use a checklist to determine whether there is a legitimate reason for arbitration, such as a contract that has been breached or if there is an opportunity to settle before proceeding with the process. After that, they'll assess whether you have a legal claim that can be made through arbitration and whether you have enough information to proceed with it. If the lawyer believes your case can be resolved, they'll begin the process.
Negotiations are a vital aspect of arbitration. Opposing parties may sometimes require the help of an impartial third party to facilitate this process and reach a mutually beneficial outcome. In some cases, one party or both may be required by law to use negotiation; in other situations, it is simply more efficient than going through litigation for certain types of disputes.
Lawyers understand the importance of negotiation and are trained to assist their clients in this process. They can negotiate for many reasons, including a settlement or plea bargain, an agreement on proceeding with litigation, or other types of agreements. They also have experience dealing with complicated legal procedures and can use sources like statutes, cases, law journals, and treatises to help you agree.
Enforcing Arbitral Awards
You may need to enforce the decision if you're awarded during the arbitration process. Depending on your circumstances and the nature of your dispute, this may be as simple as sending a letter to the other party informing them of the award. If the other party is uncooperative, a lawyer can help you navigate the process enforce the award through legal proceedings before a court. They'll file the necessary documents, which include a summons and complaint. If this process is successful, the court will issue a writ of attachment to enforce the award, which will be served on the other party.
Arbitration can be a complex process, but an attorney can help you navigate it. They'll handle the work for you as you focus on other issues.
For more information, contact a professional such as Chao ADR, PC.