Arbitration
AN OVERVIEW OF THE ARBITRATION PROCESS WITH DOMINIC
Dominic’s approach to arbitration is both systematic and personalized, ensuring that each case is handled with care, keeping in mind that the parties agreed to arbitration for its efficiency in terms of time and money. Here’s a step-by-step overview of the arbitration process with Dominic (unless the parties have agreed to other rules and procedures, such as those of the American Arbitration Association or other provider):
The parties or their counsel contact Dominic and provide him with information regarding the nature of their dispute including a statement of claims and counterclaims, any agreement governing or relating to the arbitration of their dispute, a list of the individuals (and their attorneys) involved in the dispute and potential witnesses. Assuming that the case is appropriate for Dominic, he then undertakes a check for any conflicts of interest and provides necessary disclosures to the parties along with an engagement agreement to engage Dominic (Resolve Disputes ADR, LLC) to act as an arbitrator. Provided that the parties approve the agreement and any disclosures made, upon receipt of a fully signed engagement agreement and fulfillment by the parties of financial obligations required under the agreement, the case is ready to proceed to the next step.
1. Initiation
2. Case Management Conference and Case Management Plan
By video conference or by telephone, Dominic confers with the parties and/or counsel for the parties to discuss preparation of the case for an evidentiary hearing or upon documentary submission. Topics include: hearing dates, the exchange of information by the parties (discovery), a process for resolving disputes over the exchange on information, the law and rules applicable to the dispute, whether the parties anticipate any motions relating to the issues in dispute, the exchange of exhibits and witness lists prior to the evidentiary hearing and the form of the decision (referred to as an award) to be issued by Dominic. At the conclusion of the conference, a Case Management Plan and Order is issued by Dominic reflecting what occurred during the conference.
As the parties prepare their case for a hearing, Dominic is available to consider any pre-hearing issues that may arise such as any dispute over the exchange of information.
3. Resolution of Any Pre-Hearing Issues
Either in-person or by video conference, Dominic conducts an evidentiary hearing where the parties present testimony and documents unless the parties have agreed to submit the case solely on documents (and in such instance the process agreed upon by the parties is followed). At the conclusion of the evidentiary hearing, Dominic may request that the parties submit post-hearing briefs supporting their positions.
4. Arbitration Hearing
After hearing the case and the submission of any post- hearing briefs or if no hearing after the submission of all documents, Dominic issues a binding decision (award).
5. Decision
The process described above is only an example and can vary by case. If the case is governed by the rules and procedures of an arbitration provider such as the American Arbitration Association then those rules and procedures govern the process.
