In today’s legal environment, a growing number of disputes must be submitted to binding arbitration rather than tried before a jury. Arbitration is a form of alternative dispute resolution that is utilized when the parties have agreed to submit their cases to a panel of “neutrals” rather than the civil court system.
The arbitration process presents a unique set of challenges and opportunities for the parties involved, and Riley & Jackson’s attorneys have considerable experience in arbitrating claims and in defending awards received in arbitration from post-award attempts to reduce orvoid the awards. Arbitration is expensive and usually involves complex subject matters such as securities, nursing home care, commercial leases, insurance coverage disputes, and many other disputes that historically would have been resolved by the civil courts.
While arbitration is trumpeted by Chambers of Commerce and other institutions dedicated to protecting the interests of big business as a fair and reasonable alternative to civil jury trials, the reality is that receiving an award in arbitration is very difficult and requires a comprehensive and targeted analysis and approach throughout the process, from before the time of initial filing until all post-award procedures have been exhausted. The firm’s attorneys have an excellent track record of receiving awards in arbitration, but receiving the award is only part of the battle. Various Rules of Civil Procedure allow a party against whom an arbitration award is entered to seek judicial review of the award. Any attorney you are considering hiring to pursue arbitration on your behalf should be familiar with Rules of Civil Procedure such as 71B and 59, prior court rulings under those Rules regarding arbitration awards, and how best to position your dispute during the arbitration so as to prevail on any post-award attack the opposing side may mount.
At Riley & Jackson, our attorneys are equipped to pursue arbitration awards and to represent your interests throughout the arbitration process. We have enjoyed success with arbitrating various types of claims and have a track record of 100% in preserving those awards during the post-award review process.