NLRB General Counsel Updates Case Handling Guidance
Arbitration is a method to resolve disputes outside of the traditional court system, in which one of our group’s attorneys, acting as a neutral third-party arbitrator, renders, after an arbitration hearing, a binding decision. The parties must have agreed to submit their dispute to arbitration (often through an arbitration clause in a contract or a separate arbitration agreement), selected their arbitrator, and participated in an arbitration hearing. The arbitrator then issues a decision, or award. Arbitration, in comparison to traditional litigation in court, is usually speedier and less expensive, is more confidential, and enables the parties to select an arbitrator with specific expertise relevant to the subject of the dispute. Arbitration awards have limited grounds for appeal, which typically shortens the duration of the dispute. Arbitration also may carry certain disadvantages – because the scope for appealing an arbitration award is very limited, this could be a problem if a party believes the arbitrator made an error. And parties to arbitration often are required to waive their right to pursue the same dispute in court, which can limit their legal options. The firm’s practice group members have expertise and experience in handling a broad range of disputes and legal matters, which enables the parties to have confidence their arbitrator has the background to render a fair and carefully considered decision in their case.