What is arbitration?

In arbitration, the parties agree to allow the arbitrator to decide the case. The parties have broad discretion on the procedure to be utilized in arbitration. After the exchange of appropriate and necessary information ("discovery"), an informal hearing is held in which each side has the opportunity to present evidence (witnesses and exhibits), to cross examine the other side's witnesses, and to present any closing arguments or briefs desired. The result is final and binding, subject only to limited types of appeals to the courts.

What kinds of cases can be arbitrated?

Almost any kind of controversy can be submitted to arbitration, including divorces, employment matters, contract matters and insurance disputes. There must either be a preexisting contractual agreement to submit the controversy to arbitration, or an agreement reached by the parties after the dispute arises, to submit it to arbitration.

What is the procedure?

The parties can either agree to certain existing procedural models, such as statutes (Oregon Arbitration Act or Federal Arbitration Act), or organizational formats (American Arbitration Association or Arbitration Service of Portland), or design their own procedure. Typically, there is a discovery phase, in which documents and depositions can be obtained, and, when the parties are ready, a hearing is scheduled by the arbitrator.

Do I need an attorney?

Attorneys are typically utilized in arbitrations, due to the binding nature of the process and the various procedural requirements.

How long does it take?

The pace of arbitration is controlled by the parties. Typically, the arbitrator can schedule a hearing at the convenience of the parties and their attorneys, usually within days or weeks. Hearings can be recessed as needed. The result (arbitrator’s decision) is usually issued a few days after the hearing.

How much does it cost?

The arbitrator bills at a rate of $200 per hour, which applies to all aspects of the arbitrator’s participation (scheduling, decisions on motions and discovery issues, the hearing, research and writing the decision, etc).

How do I commence arbitration?

If the parties are in agreement that arbitration should occur and have agreed on the arbitrator, this office should be contacted to begin the scheduling process.