Arbitration
is an alternative to litigation that allows parties to have more control
over their case, but still leaves the ultimate decision to a neutral
third party. The process is similar to a trial but with less procedural
restrictions. If parties have an arbitration clause in a contract, or
just wish to utilize arbitration to settle their dispute, they may
contact SMU directly to schedule a date
Although the Arbitrator will make the final decision as to the outcome of the case, the parties are able to determine for themselves what the rules and procedures will be regarding evidence, witnesses, etc. They can also define the guidelines under which the arbitrator will make that decision. The arbitrator will hear the arguments of both sides, perhaps ask questions, and will later render a decision in writing. Though the basic steps will be very similar to litigation, the parties’ ability to make decisions regarding the process allows them far more control over their own case than they would have in litigation.
If parties agree, or if a contract requires it, the outcome of the arbitration can be binding on all parties. Although there are some circumstances in which parties may want to utilize arbitration without the decision being binding, in most cases it is beneficial and more cost effective, to have a binding decision.
In most circumstances, the Arbitrators decision in any particular case, as well as the information divulged during the proceeding, is confidential. This allows the parties to settle their dispute without the details being available to the public.
Arbitrations are typically scheduled weekdays starting at 9:30 am or 1:00 pm, although other times can be arranged if necessary. The SMU Conflict Resolution Center office is open Monday through Friday between 9: 00 a.m. and 5:00 p.m. To schedule an arbitration, parties should read the Rules of Process and submit the Arbitration Agreement form to the Center's Administrator by mail, fax or email.
Download : Rules of
Process (pdf
)
Download : Arbitration Agreement
(pdf
)
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