Arbitration Representation

When the parties to a contract find themselves in a dispute that cannot be easily resolved, they may be required to submit the dispute to arbitration if the subject contract contains an arbitration clause. A form of alternative dispute resolution (ADR), arbitration can be a faster, more cost-effective, and private alternative to traditional litigation. The attorneys at Lieser Skaff have extensive experience representing individuals and businesses involved in construction, business, commercial, and real estate arbitration.

What Is Arbitration?

Arbitration is one of two commonly used alternative dispute resolution methods, the other being mediation. Like mediation, arbitration involves submitting a dispute to a neutral third party. An important difference between mediation and arbitration is that a mediator does not decide issues whereas an arbitrator does reach a decision. While arbitration can be used to resolve most contractual disputes, arbitration clauses are commonly found in business, real estate, and construction contracts.

When one party to a dispute feels that the dispute cannot be resolved through negotiations between the parties, that party effectively activates the arbitration clause in the original contract by sending a Request for Arbitration, also known as a Notice to Arbitrate, to the other party. Arbitration can take place in front of a single arbitrator or a panel of three arbitrators with both parties contributing to the selection of the arbitrator(s). A third-party agency, such as the American Arbitration Association, may be used or arbitration can be privately handled between the parties. At Lieser Skaff, we have considerable experience arbitrating cases under the rules and procedures of the American Arbitration Association, Florida Department of Business & Professional Regulations, Division of Condominiums, as well as private arbitrations.

The Key to Successful Arbitration

Once the tribunal has been selected, the parties submit evidence, such as witness statements and expert reports, to the arbitrator(s) in preparation for a hearing. The key to a successful outcome in a complex arbitration case is to make sure you are prepared at the outset before the case is filed. Because arbitration tends to move much faster than traditional litigation, the attorneys at Lieser Skaff ensure that all documents are properly drafted, witness statements prepared, and experts consulted prior to initiating arbitration.

Another important component in successful arbitration is to prepare the case with the arbitrator’s background in mind. Arbitrators are frequently attorneys with relevant expertise or laymen with expertise in the relevant subject-matter. A contractor with decades of experience in construction, for example, might be the arbitrator in a construction contract dispute. At Lieser Skaff, we stress the importance of knowing your arbitrator and complementing the arbitrator’s expertise during the presentation of your case.

At the hearing, the Lieser Skaff attorneys will present your case and defend your position. After the hearing, the tribunal will produce its award which may be binding or non-binding. A binding decision is final and enforceable, while a non-binding decision is viewed as a recommendation which is only enforceable if both parties agree.

What Are the Benefits of Arbitration?

If you find yourself facing arbitration for the first time, you may be hesitant to have your dispute handled by an arbitrator instead of a judge. The experienced arbitration attorneys at Lieser Skaff urge you to consider some of the important benefits arbitration offers, such as:

•  Faster: It can take years for a case to make it to trial in a traditional courtroom, leaving the parties in limbo while the dispute makes its way through the judicial system. Conversely, a dispute often makes it to a hearing in front of an arbitrator in six to nine months, making arbitration a much faster alternative to traditional litigation.
• Cost-Efficient: Because arbitration usually resolves a dispute faster than traditional litigation, you will likely save money on legal fees, making arbitration the cost-efficient option.
• Private: Everything filed in a traditional lawsuit becomes a public record whereas arbitration is handled privately, allowing you to keep the details of the dispute and resolution confidential.
• Expertise: A judge may be a legal expert, but an arbitrator is often a subject-matter expert, increasing the likelihood that they will truly understand the issues in dispute and render a fair decision.

Consult the Tampa Bay Arbitration Attorneys at Lieser Skaff

If you have a business, construction, or real estate contractual dispute that is headed for arbitration, contact the arbitration attorneys at Lieser Skaff today. We have extensive experience arbitrating cases under the rules and procedures of the American Arbitration Association as well as representing clients in private arbitration. To discuss how arbitration can help you resolve a contractual dispute, contact the team at Lieser Skaff at 813-280-1256 or request a consultation online.