MEDIATION & ARBITRATION
Every conflict holds the seeds for growth and improvement of the human condition. Although the parties to a given conflict are best equipped to find solutions, they are often too focused on the fight. It is the mediator’s job to guide willing parties to a place where they can discuss issue specific resolutions and to create a road map for future relations.
Conflict lies at the heart of innovation.
Emanuel R. Piore
Private arbitration occurs when disputing parties agree to be bound by an arbitrator’s decision after presenting their case to her/him. Private arbitration is expressly authorized by both Oregon and Federal Statute (ORS 36.600-36.740; 9 USC Sections 1-14). Arbitration awards can be filed with a court and turned into a judgment just like a trial verdict (ORS 36.700; 9 USC Sections 9, 13).
Private arbitration can occur when parties agree to arbitrate before a dispute evolves. This is often called a “pre-dispute arbitration agreement” which is usually written into contracts. If the agreement to arbitrate occurs after a dispute arises, it is referred to as a “submission agreement.”
Once the parties have agreed to arbitrate they choose an arbitrator. A hearing date, time and location is then set. At the hearing both sides present their case with or without a lawyer. The hearing is usually held in a conference room and is much less formal than a jury trial but rules are still followed to maintain order and dignity. After hearing testimony, listening to argument and considering all of the evidence, the arbitrator drafts an Award and sends it to the parties.
The benefit of private arbitration, as compared to filing a lawsuit with a court, is that it is faster, cheaper, more convenient, private (it is not open to the public), assures finality, and the dispute is decided by an individual with legal expertise.
I have never been ruined but twice, once when
I lost a lawsuit and once when I won one.
Call Joe to inquire about your mediation, arbitration or conflict management needs. (971) 998-6790.
Arbitration & Mediation Services Throughout Oregon
Member Oregon Mediation Association