UPDATE EFFECTIVE JUNE 22, 2023:
I HAVE RETIRED FROM THE PRACTICE OF LAW AND NO LONGER ACT AS AN ARTIBRATOR.
Arbitration Services
I am registered as an Arbitrator with the Georgia Commission on Dispute Resolution.
What is arbitration?
Arbitration is a form of alternative dispute resolution. While similar to a court trial, arbitration is an alternative means of resolving disputes. It can be less formal, less expensive, and less time-consuming than a court proceeding. Arbitration is sometimes voluntary, and sometimes it is court ordered.
Why arbitrate?
There are many reasons parties arbitrate their disputes. Many common contracts (cell phone and credit card contracts, for example) contain provisions which require parties to arbitrate rather than file a lawsuit. Sometimes, though, parties mutually decide they would simply prefer arbitration rather than a trial. In that situation, if the case involves a particular industry or area of law, the parties can select an Arbitrator who has subject matter experience or knowledge. This can result in cost savings. Arbitration hearings frequently can also be scheduled by agreement of the parties. This provides more certainty than waiting to see if a case gets reached during a particular judge's semi-annual "trial week."
How does arbitration work?
If the parties are under a contract which mandates arbitration, typically the complaining party will send the opposing party a notice of intent to arbitrate, outlining the basis for the dispute. After a response and agreement to arbitrate (or after a lawsuit is filed and the matter is ordered to arbitration by the assigned judge), the parties select one or more Arbitrators to hear the case. The Arbitrator will usually schedule a conference to discuss matters such as the parties' claims; issues and evidence; "discovery" which parties may need in order to learn about the other party's evidence; the hearing procedure; scheduling; and the form of the award. These conferences may be conducted by telephone, video call such as Skype, or in person.
At the arbitration hearing, the parties have the right to present evidence, to question witnesses, and to present their arguments. The arbitrator has the power to subpoena documents and witnesses to the arbitration hearing. Oftentimes, the hearing is less formal than a court setting, and the process is quicker than a typical courtroom trial.
After the hearing, the Arbitrator(s) will deliver an award based upon the parties' evidence. If the parties comply with the award, nothing further may be required. If one of the parties fails to comply with the award, though, the other party may move to have it confirmed by a court.
The grounds under which an award may be vacated or set side are usually much more limited than appeals had in court cases. This means that the Arbitrator's decision has more finality than a jury verdict or that of a trial judge. Another advantage to arbitration is that it is confidential.
How do I retain Denise Griffin as an Arbitrator?
Email me denise@drgriffinlaw.com. When contacting me, please do not give me specific information about the facts or issues involved in your case. It is enough to tell me that your case involves (by way of example only) a contract, a business dispute, a divorce, or an accident. Just like judges, arbitrators are prohibited from discussing the facts and merits of a case outside the presence of other parties. Consequently, if you give me too much information about your case, I won't be able to act as the Arbitrator. I'll learn the facts during the course of the proceedings while all parties are present. This is for your protection and that of the other parties.
I HAVE RETIRED FROM THE PRACTICE OF LAW AND NO LONGER ACT AS AN ARTIBRATOR.
Arbitration Services
I am registered as an Arbitrator with the Georgia Commission on Dispute Resolution.
What is arbitration?
Arbitration is a form of alternative dispute resolution. While similar to a court trial, arbitration is an alternative means of resolving disputes. It can be less formal, less expensive, and less time-consuming than a court proceeding. Arbitration is sometimes voluntary, and sometimes it is court ordered.
Why arbitrate?
There are many reasons parties arbitrate their disputes. Many common contracts (cell phone and credit card contracts, for example) contain provisions which require parties to arbitrate rather than file a lawsuit. Sometimes, though, parties mutually decide they would simply prefer arbitration rather than a trial. In that situation, if the case involves a particular industry or area of law, the parties can select an Arbitrator who has subject matter experience or knowledge. This can result in cost savings. Arbitration hearings frequently can also be scheduled by agreement of the parties. This provides more certainty than waiting to see if a case gets reached during a particular judge's semi-annual "trial week."
How does arbitration work?
If the parties are under a contract which mandates arbitration, typically the complaining party will send the opposing party a notice of intent to arbitrate, outlining the basis for the dispute. After a response and agreement to arbitrate (or after a lawsuit is filed and the matter is ordered to arbitration by the assigned judge), the parties select one or more Arbitrators to hear the case. The Arbitrator will usually schedule a conference to discuss matters such as the parties' claims; issues and evidence; "discovery" which parties may need in order to learn about the other party's evidence; the hearing procedure; scheduling; and the form of the award. These conferences may be conducted by telephone, video call such as Skype, or in person.
At the arbitration hearing, the parties have the right to present evidence, to question witnesses, and to present their arguments. The arbitrator has the power to subpoena documents and witnesses to the arbitration hearing. Oftentimes, the hearing is less formal than a court setting, and the process is quicker than a typical courtroom trial.
After the hearing, the Arbitrator(s) will deliver an award based upon the parties' evidence. If the parties comply with the award, nothing further may be required. If one of the parties fails to comply with the award, though, the other party may move to have it confirmed by a court.
The grounds under which an award may be vacated or set side are usually much more limited than appeals had in court cases. This means that the Arbitrator's decision has more finality than a jury verdict or that of a trial judge. Another advantage to arbitration is that it is confidential.
How do I retain Denise Griffin as an Arbitrator?
Email me denise@drgriffinlaw.com. When contacting me, please do not give me specific information about the facts or issues involved in your case. It is enough to tell me that your case involves (by way of example only) a contract, a business dispute, a divorce, or an accident. Just like judges, arbitrators are prohibited from discussing the facts and merits of a case outside the presence of other parties. Consequently, if you give me too much information about your case, I won't be able to act as the Arbitrator. I'll learn the facts during the course of the proceedings while all parties are present. This is for your protection and that of the other parties.