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     Harvey Slentz

                        Attorney at Law

Arbitration   Arbitration is a way to resolve disputes between parties without going to court.  It often costs less, takes less time and causes less stress than going through a lawsuit in court.  Arbitration is utilized in civil matters, but not frequently in criminal cases.    Most arbitration arises out of some agreement that the parties made at some time in the past.  For example, a business selling computers may have in the sales agreement the following wording: “Any disputes arising out of this sale will be resolved by arbitration, rather than lawsuit.”  The person buying the computer signs the agreement.  A year later, if the purchaser has a problem that is not getting resolved satisfactorily, it may be referred to arbitration.    In arbitration, the issue is presented to an arbitrator, who is a person selected to listen to both sides and then make a decision about who will win, and what the winning party will receive from the losing party.  The arbitrator will listen to both parties, look at any evidence (paperwork, a computer repair bill, etc.) and then decide who wins.  Arbitration agreements usually include a statement that the parties agree that the loser cannot take the case on to court, so it’s important to be prepared at arbitration, because this is where the decision will be made.    Arbitration is used for new cars that have many defects – called Lemon Law arbitration.  Arbitration is also frequently used for issues involving investments, discrimination claims, claims arising out of union collective bargaining agreements, problems with real estate transactions, and non-payment of consumer installment sales for car or furniture purchases.    Arbitration is not as formal as a court proceeding, but to prevail in the dispute, you must: Read the arbitration agreement to know what is required to win in that specific arbitration: Be able to establish whether the requirements for claim have been met; and Identify the appropriate remedy or outcome so you know what a good outcome looks like.    Generally, it’s a good idea to speak with a lawyer who has done many arbitration cases before participating in your own case.  You may be able to do it yourself, but there are many things that can help and hurt your case, and it’s worth it to get advice from someone who has done arbitration before proceeding.
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