The prospect of spending hours in an Illinois courtroom litigating a dispute may not be enticing. Even so, you and the other party are unable to resolve your disputes on your own. You need another alternative that provides some measure of formality, yet does not mean airing your disputes in public or spending countless hours and dollars in court. If this scenario sounds familiar, arbitration may be the alternative you seek.
What can you expect? Well, the arbitrator will hear evidence from you and the other party in a private setting. The evidence will then be considered, and the arbitrator will render a decision. In many cases, the decision is binding on the parties, which means that you cannot take the case to court if you are not satisfied with the decision. There is no appeals process under these circumstances.
This may seem harsh and a gamble, but it does give both parties the knowledge that there will be an end to the dispute — one way or the other. The parties meet with the arbitrator to lay out the issues and handle procedural issues at a preliminary hearing. Then the parties exchange information prior to the hearings. After each side presents its evidence, each will have the opportunity to submit additional documentation prior to the final decision being made.
Even though it sounds eerily similar to litigation, arbitration often takes less time and expense. In addition, it allows the parties to retain some measure of privacy and confidentiality regarding the dispute. If you believe that this alternative method of dispute resolution could work in your case, the first step may include a discussion with the other party and the Illinois attorneys involved.
Source: thebalance.com, “What is the Arbitration Process? How Does Arbitration Work?“, Jean Murray, Accessed on Aug. 20, 2017