Sacramento Arbitration Lawyer

Sacramento Arbitration Attorney

Civil litigation can be costly, lengthy, and, at times, contentious. Alternative dispute resolution (ADR) is another way for parties in a civil claim to achieve an optimal solution to their dispute. A Sacramento arbitration lawyer can work with both the plaintiff and the defendant as a neutral third party, lending them their legal knowledge and handing down a fair resolution.

The attorneys at Peterson Watts Law Group, LLP, can assist clients in Sacramento’s metropolitan area. We provide arbitration services that can save businesses the expense of a court trial.

When Is Arbitration Required in Sacramento?

When a plaintiff submits a claim in court, they must provide the defendant with documentation, alongside the complaint, that spells out alternative resolution dispute options. The Sacramento County Superior Court encourages parties to pursue ADR and offers both mediation and arbitration as potential options.

Whereas mediation is a voluntary process that both parties must agree to enter, arbitration can be requested by the plaintiff only. Additionally, a judge may review the complaint and mandate that both parties go through arbitration in place of a trial. Finally, the business contract establishing the relationship between both litigants may stipulate that any disputes that arise while the contract is valid must be resolved through arbitration.

What Is the Arbitration Process Like in Sacramento?

In limited civil cases, once an order of arbitration is issued, both parties involved must work together to come up with a list of three potential arbitrators. If they fail to do so promptly, a court-appointed arbitrator is selected. For complex cases that require “exceptional judicial management,” one main arbitrator and three alternates must be proposed by both parties from a list of court-appointed arbitrators.

If the defendant does not submit an objection to the arbitration process, it can proceed. Parties can withdraw from arbitration by court order before the arbitration takes place.

During the process, the arbitrator hears each side’s case; here, the plaintiff and defendant will present their arguments. Arbitration need not adhere to the same rules of evidence as a court trial, and attorneys for both parties may present additional evidence that supports their argument.

At the end of the arbitration process, the arbitrator renders a decision – a resolution to the claim. This is referred to as an award of arbitration or arbitration award.

Depending on the previously agreed-upon rules of arbitration, the award of arbitration may or may not be binding. If it is binding, both parties must accept the decision, and the losing party must compensate the winning side accordingly.

For non-binding arbitration awards, the parties may reject the decision. If so, they must request a new court trial. Non-binding arbitration can be a great way for either side to measure the strength of their case before pursuing the claim in court.

What Does a Sacramento Arbitration Lawyer Do?

A Sacramento arbitration lawyer can help with dispute resolution from the start of a business relationship up through the alternative dispute resolution process.

When drafting a business contract, an arbitration lawyer may help draft a sensible arbitration clause or review an arbitration clause in your contract. This will allow the arbitration process to run more effectively if it is ever pursued. You may also reach out to an arbitration lawyer if you are unsure whether arbitration is required by your contract.

In an arbitration case, the arbitrator acts as a neutral “judge” during a “mini-trial” that happens behind closed doors.

During the process, the arbitration attorney:

• Dictates the rules of evidence.
• Listens to the arguments on both sides.
• Provides legal opinions on the matter
• Reviews evidence from both sides.
• Hears witness testimonies.
• Hands down an award of arbitration.

As the court hands over the matter of the claim to an arbitrator, an arbitration lawyer may also request sanctions on either party if they fail to participate in the arbitration process as expected, including failure to appear and delays in presenting evidence and witnesses.

It is wise to consult a Sacramento arbitration lawyer ahead of submitting a complaint or if a complaint has been filed against you. This way, you find a potential arbitrator who is knowledgeable about your area of business and has worked extensively as an arbitrator in the Sacramento metropolitan area.

Sacramento Arbitration FAQs

Q: Is Arbitration Really Cheaper Than Court?

A: In most cases, arbitration is cheaper than court. An arbitration process can take place within months or even weeks. A court case can take years to resolve. This lengthier process typically translates into higher attorney and court fees.

Additionally, arbitration allows both parties to provide additional evidence to support their claim. They also have more influence over the result and may walk away on more favorable financial terms.

Q: Do You Use Lawyers in Arbitration?

A: You do use lawyers in arbitration. Arbitration lawyers may be involved when a contract is drafted to make sure the arbitration clause is sound. During the arbitration process, these lawyers, in their capacity as neutral arbitrators, perform the role of a judge in a case. They use their skill and legal knowledge as they evaluate arguments and render a decision based on evidence and witnesses.

Both the plaintiff and defendant are represented by their counsel during arbitration in Sacramento, CA.

Q: Is Arbitration Better Than Mediation?

A: Both arbitration and mediation offer benefits to litigants. They are cost-effective and help both parties save time. They are also done behind closed doors, affording the plaintiff and defendant privacy.

Arbitration allows parties in a suit to evaluate the strength of their case by presenting their argument in front of an arbitrator. This individual, using their legal knowledge, renders a decision on the issue based on evidence and witness testimony.

Q: Why Hire an Arbitration Lawyer?

A: Hiring an arbitration lawyer is a great way to make sure the arbitration process is optimal for you. It serves both sides of a claim to have a skilled arbitration attorney who can dedicate their time to the claim and knows their business. Litigants should hire an arbitration lawyer who has handled many arbitration cases and understands arbitration law in their city and/or county.

Work With a Sacramento Arbitration Lawyer Today

Having a Sacramento arbitration lawyer who is experienced in alternative dispute resolution can enable your case to be solved promptly and with an optimal resolution for both parties.

The attorneys at Peterson Watts Law Group, LLP, have worked with numerous businesses across Northern California and understand the ins and outs of arbitration in Sacramento.

Contact our office today to discuss your case.