Arbitration is an alternative to resolving disputes out of court. An elected arbitrator (or panel of three arbitrators) oversee informal proceedings that are similar to a court hearing. The arbitrator may request evidence and may also interview witnesses if necessary. At the end of the hearing, the arbitrator will reach a decision that both parties to the dispute will have agreed upon to accept before the case went to arbitration.
This form of alternative dispute resolution is often less time consuming and costly than entering into court proceedings. Although it is not necessary, either or both parties may have legal representation available to them in the form of a lawyer.
What Does An Arbitration Lawyer Do?
A lawyer can advise a client on their legal standing when a case goes to arbitration and the likelihood that the case will be settled to their advantage. The lawyer will also inform and prepare a client for the arbitration process and ensure that they understand what their role will be in the proceedings. They may also investigate the case and collect evidence as well as prepare any necessary documentation.
The lawyer may attend the arbitration hearing and speak on behalf of their client. However, this is not common as the proceedings are informal and do not follow the same legal processes as a court of law. This said, a lawyer may be beneficial depending on the type of case and the legal issues that are involved by arguing on behalf of their client.
An arbitration lawyer may also be selected as the arbitrator to oversee a hearing and resolve a dispute. The lawyer would be required to have experience at trial as well as in the field of law that involves the dispute.
What Disputes Do Arbitration Lawyers Deal With?
Commonly, disputes that go to arbitration are labor related. A lawyer specializing in labor law may therefore be chosen as the arbitrator. A labor lawyer may also be chosen by either party to represent them and advise them throughout the proceedings.
Another common area where arbitration may take place is to resolve disputes involving payment of money that would normally result in a civil law suit. The client will either be claiming monetary payment, reward or compensation from another party and the arbitrator will decide whether their claim is valid as well as to the amount that should be awarded.
What Does An Arbitration Lawyer Cost?
An arbitration lawyer will charge a retainer that should cover the majority of the costs related to the arbitration proceedings to provide legal advice and representation. Should the lawyer be required to be present at the hearing, they may charge an additional hourly rate for their services.
As mentioned above, it is not entirely necessary for a lawyer to represent their client at the hearing and this is a cost that can be avoided. On the other hand, if the other party has legal representation, it is highly recommended to hire a lawyer. Fees for the arbitrator or panel of arbitrators will also need to be covered.