Arbitration in Riverside and San Bernardino, CA Counties
Arbitration is presenting one’s case to a “neutral” individual to make a determination, orders and an award on one’s case. Mediation is a facilitated negotiation in which the “neutral” is the communication catalyst who has no authority to make orders or decisions. We speak of the former in this section.
C.A.M.S. panelists are trained and experienced in a wide range of case topics in civil litigation. Most are trained Arbitrators and Mediators. Arbitration is a “private-trial” presented to an Arbitrator sitting in the seat a Judge in a courtroom would sit. S/he is called the “trier of fact.” With some variations, the conduct of an arbitration is very similar to a trial except most are held in conference rooms with no audience or jury. The rules of arbitration may vary widely, particularly for the admissibility of evidence. The rules of evidence for arbitration are much more liberal than in court. The tendency is to be more inclusive than less.
Also, the presentation of testimony may be more liberal. With a single trier of fact who will decide on evidence and facts, the worry about confusing a jury does not exist. Your arbitration can be held before a Certified Court Reporter (reported) or not, depending upon the desires of the parties. The CCR is paid separately from other arbitration charges.
Binding arbitration awards are usually converted into a Judgment on a motion by the winning party. That Judgment is the same as if decided by a Judge and/or jury. Though most arbitration awards are not “appealable,” a dissatisfied party may move the court to set aside or “vacate” the award. However, unlike appeals of court judgments, the grounds upon which an arbitrator’s aware may be vacated are limited. The PARTIES or the contract or any other instrument requiring arbitration, control the “jurisdiction” (i.e., the authority to decide issues) of the arbitrator or the parties may agree in writing to bring the case to arbitration in which they may confer upon the arbitrator any authority they wish. Essentially, the parties may set many of the rules of the arbitration though arbitration is controlled by the California Civil Code or some institutional rules for arbitration. Arbitration gives the parties more control over the conduct of their matter than can a trial judge.
Because a private arbitration is controlled by the parties and the arbitrator, usually they can be completed in and, even though the arbitrator must be paid, the arbitration may be less expensive for everyone.
C.A.M.S. Arbitrators are experience in real estate, government land claims, employment, professional negligence/malpractice, public/municipal law, personal injury and uninsured motorist claims, construction, contracting, real estate and related matters, and many more. C.A.M.S. also features an arbitrator trained and qualified by the American Health Lawyers’ Association who is a panelist on the Kaiser Health Plan panel of arbitrators. Review the Panelist Biographies on this website and check the fee schedule. You will find C.A.M.S. has the right arbitrator at an affordable fee for your case.