Arbitration is a process where a neutral person (or sometimes a group of people) resolve a dispute by listening to the facts and arguments presented by parties before reaching a decision. The decision is usually final and binding on the parties. However, in some circumstances, the parties can disregard the decision and still present their dispute to a judge or jury.
Most commonly, arbitration is required under a written contract between the parties to a dispute. Contracts often specify that the arbitration will be conducted by the American Arbitration Association often referred to as “AAA.” Ansbacher Law attorneys have extensive experience with AAA arbitration proceedings. AAA has adopted numerous rules for arbitration depending on the type of dispute, amount in controversy, and the specific verbiage of each contract. Ansbacher Law is experienced in navigating through the complex procedures. We are also experienced with the use of pre-arbitration hearings and conferences to expedite and streamline cases in order to reduce legal expenses incurred in arbitration proceedings.
Sometimes parties will not wish to arbitrate their dispute. Ansbacher Law has experience before trial courts and on appeal in bringing and defending lawsuits to enforce arbitration clauses. Where appropriate, we can bring legal action to invalidate an arbitration clause allowing a party to bring their case to a judge or jury, or to enforce an arbitration clause and compel proceedings in accordance with the contract terms.
Mediation,not arbitration, is the preferred method for alternative dispute resolution for construction litigation disputes. Although decisions made in arbitration are typically final, where appropriate, we can challenge a decision in court.
For more information or to schedule a meeting with an experienced Florida Construction Lawyer, call us at 904-513-2562.