The rapid globalization of the economy and the stiff competition has led to an increase in commercial disputes. The increasing industrial growth and modernization may have significantly led to an improvement in the socio-economic structure and a steep rise in technological development. This rapid development has, over the years led to an overt increase in overloading of cases in the already overburdened courts. So, one way of avoiding the overloading of cases in courts in resolving the issues in an alternative fashion. And here, Arbitration comes to the rescue, let’s find out how Arbitration can in some cases resolve matters in a more efficient and effective manner?
Arbitration is an alternative dispute resolution method or rather a private process where the disputing parties submit their grievances to a neutral third party or arbitrator as they are known as, and they resolve the said disputes.
Arbitration is widely regarded as a way to resolve disputes efficiently and here is how you can make it faster and more efficient.
Focus on your arbitration clause
In order to make the entire arbitration clause faster, you need to avoid an elaborate arbitration clause in your contract as it may prove to be disruptive and expensive. Companies then need to evaluate the business terms as per the contracts and it is absolutely essential to focus on the details of the procedure, perfect for the disputes in the contract and not just hope for it to get resolved on its own.
Enforce budgets
Arbitration should base their arbitration as to any other company project. So, the attorney must make up a budget for every phase of the case, witness preparation, expert hearing et al. You can also focus on alternative fee arrangements such as hourly rates fixed rates, and so on. So, you should base your arbitration decisions on factors like traditional cost benefits and ROI analyses as common to most other businesses.
Evaluate the practicality of motion practice
You must focus on practical motions as they are overly time-consuming and do not add much to the table in terms of practicality. So, when you are suggesting to an arbitrator of a party who wishes to file a motion first, you may need to seek the opinion of the administrator first of the effect on the case. At least have the attorneys discuss the motive behind a motion and evaluate the risks and costs.
Which arbitrator do you choose?
Arbitrators boast of specialized knowledge in your field and are particularly attuned to the specifics of a particular case than just passing out judgment on the basis of equity and fairness. Attorneys who represent the clients know the differences between a jury case and a case in arbitration. Arbitrators understand how your case can fit into the framework which they already know and experience. So, this enables the judges to focus on the key problems in the dispute and have a clear and lucid understanding. It always helps when concerned parties choose an arbitrator who is also a good expert on the subject matter, unlike a litigation case where the judge is selected randomly, also it ensures faster and more efficient ruling.
Your role in making things easy and quick
Arbitration procedures are free of the regular trappings of evidence and procedure. So, the entire procedure is a lot more streamlined, simple, and efficient. Elaborate procedural rules do not apply here and hence the process is a lot less stilted and customized to the needs of the people involved. You should be ready with your copy, demonstrative exhibits, and so on to ensure that the proceedings move ahead smoothly, in other words, the more prepared you are, the faster is the outcome of the proceeding.
Avoid unnecessary hostility
The disputed parties in arbitration have to participate in the cause whole-heartedly and this is way more useful in resolving the issue and structure the resolution better. So, it aims for peace and tones down the rising hostility between the two parties. So, all in all, you aim at a resolution without being at completely loggerheads with each other, or even when you are at the end of it, you see eye to eye and peaceably at that. So keep an open mind and don’t let emotions come in between. Indulge in direct talks and use a mediator if you require one and consider all the options throughout the proceedings. Some cases can get resolved during the procedure. So, if you settle the disputes whilst a case is going on and tone down the differences, you will definitely get a faster outcome.
Here are some interesting ways you can get a faster outcome out of an arbitration hearing and save money!