Arbitration - What Are Your Rights?

Arbitration is the most commonly used alternative dispute resolution system. Arbitration is a voluntary, independent and binding alternative dispute resolution system. However, if the arbitrator rules against you, what are your rights?

Be informed that you have the right to be informed of the reasoning. You have the right to know the basis for the decision.

Right, of Appeal. Some states allow an individual to request that the arbitration be reversed. If you are not satisfied with the decision of the arbitrator, you have the right to appeal that decision.

Right, to Appeal. There are also rules on when an appeal has to be filed. Typically the earlier you file, the better.

Right to be represented by counsel. In some states, this means you are expected to pay for counsel. The cost will depend on the attorney. The fee should not be more than one-half the average cost of the case.

Right to trial within a reasonable time after the case begins. Most courts will allow you up to 60 days for filing briefs and making trial submissions, plus at least one day for oral argument and witnesses.

Right to a timely manner in which to submit briefs and present evidence. Courts often require parties to be served or otherwise notified in a timely manner. Additionally, due to the importance of the case, a party may request additional time, for example, if it has to hire experts and other experts to present relevant evidence.

Right, to legal representation. In many states, parties have the right to be represented by counsel, and most courts will allow for attorneys to participate in the case. These cases are referred to as "affirmative defenses. "Other Rights. Other rights are related to how the process works. For example, if a party wants to present evidence or has an attorney, they must follow the judge's instructions or else you will lose.

Right to participate in the case. Usually, parties have the right to bring in a family member or friend to represent them if they have no attorneys. A good example of this is parents who do not have legal counsel.

Arbitrators are generally impartial. The arbitrators decide the case based on their own knowledge and discretion.

If you feel that you have been improperly served or that you were not given the opportunity to present your case in a timely manner, you may be unable to argue your case before an arbitrator. For example, if the service of the notice, the period of time allowed to prepare briefs, or any other formal or informal information was delayed, you may be able to seek relief in state court. However, there are very few exceptions.