What is Arbitration Services and How Can It Help You?

Arbitration is a form of private dispute resolution that is often managed by a private organization. This organization maintains lists of available arbitrators and establishes rules for the arbitration process. The parties involved in the dispute typically select arbitrators based on their experience and knowledge. Voluntary arbitration and research are widely used in labor and management relations.

The Federal Mediation and Conciliation Service (FMCS) provides arbitration services to parties seeking arbitration through its list of approximately 1,000 arbitrators. It also monitors the list to ensure compliance with the policies and procedures of the FMCS and the Code of Professional Responsibility for arbitrators of labor and management disputes. Arbitration is a confidential process in which an independent third party is appointed to decide the outcome of a dispute between two or more parties. The Center for Effective Dispute Resolution (CEDR) encourages conciliation approaches in arbitration proceedings.

The JAMS National Arbitration Committee, a body independent of the arbitrator, decides controversial issues that may arise when the arbitrator is not available, has not yet been appointed, or if the matter involves the arbitrator, such as conflict claims. The arbitration discovery protocols recommended by JAMS provide JAMS arbitrators with an effective tool that will help them exercise their good judgment in order to achieve an efficient and cost-effective process that provides parties with a fair opportunity to be heard. JAMS offers domestic and international arbitration rules designed to help lawyers and settlement agreement solicitors streamline the arbitration process in order to achieve a timely and efficient resolution and ensure fairness for all parties. A form of binding arbitration in which each party chooses a number and only one number, and the arbitrator can select only one of the figures as an award is known as 'baseball arbitration'.

The Federal Arbitration Act, together with the state arbitration law of the place of arbitration, generally governs this process. In-person, virtual, or hybrid arbitration with an experienced JAMS arbitrator offers an effective alternative to protracted litigation. This is an arbitration in which the parties have agreed in advance on the parameters within which the arbitrator can make his award. JAMS offers personalized, in-person, virtual and hybrid dispute resolution services through a combination of first-class customer service, the latest technology, world-class facilities, and highly trained mediators and arbitrators.

The Permanent Court of Arbitration (PCA) often provides full support in managing cases in arbitrations under the UNCITRAL Arbitration Rules. With the growing popularity of virtual dispute resolution, arbitration also offers greater scheduling flexibility and a worldwide group of JAMS arbitrators to choose from. The model arbitration clauses for use in connection with the PCA Rules and the UNCITRAL Arbitration Rules can be downloaded at the link on the model clauses and submission agreements below. The CEDR recommends that parties to international commercial arbitration use the Rules of the International Institute for the Prevention and Resolution of Conflicts (CPR) for the managed arbitration of international disputes.

Nicole Fratercangelo
Nicole Fratercangelo

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