What is Arbitration? Arbitration provides a private, fast and more cost-effective method of obtaining a final and binding resolution of a dispute that cannot be resolved through negotiation or mediation. It can be confidential by agreement between the parties. Arbitration is another form of alternative dispute resolution (ADR) and is a legal technique to resolve disputes outside the courts. Here, the parties to a dispute choose an "Arbitrator," whose decision binds the parties to a legally enforceable agreement. Many retired Judges serve as arbitrators due to their training and experience in hearing and deciding cases in court. Arbitration is a settlement technique in which a neutral third party (Arbitrator) reviews the case and imposes a decision that is legally binding for both sides.
As an alternative the parties may also choose non-binding arbitration. Here, the arbitrator’s decision is advisory only and non-binding on the parties. The arbitrator remains totally removed from the settlement process and will only give advisory decisions; for example: in an injury case, a determination of liability and if appropriate an indication of the amount of damages or compensation payable. Although advisory only, in non-binding arbitration the arbitrator's decision carries great moral weight and generally motivates the parties to settle their case. The parties retain the flexibility to reject the arbitrator's decision or settle their dispute based upon the persuasive authority of the arbitrator's decision.
Judge Granier's former law practice included representation of both Plaintiffs and Defendants.
Why use Arbitration? Because its private, fast and significantly less expensive:
Arbitration Court Litigation
Private - Confidential - Informal
Public exposure of personal and business information in document filings, hearings and formal trials
Average, non-complex hearing can finish in 1 - 2 days with arbitrator's decision within 15 days
Average of 8 months to 3 years to complete case;
longer in complex cases and continued/delayed cases
Hourly fee: $125 per party/person or company
$175 - $350 per hour/per attorney for all work required to complete the court litigation process
In the court system, your case awaits resolution by a Judge systematically burdened with hundreds of cases. In Arbitration, your case merits singular attention by a retired Judge focused on evaluating it and issuing a binding decision that finally resolves your dispute.
Systematically mired in litigation or expeditiously completed in Arbitration. Which would you choose?
Kirk Granier is a retired State District Judge (1997-2008) and retired United States Circuit Military Judge U.S. Air Force, Reserve (1998-2006). He received a Masters Degree in Judicial Studies from the University of Nevada Graduate School and National Judicial College as well as dual professional certifications in Judicial Development for General Jurisdiction Trial Skills (2001) and for Alternative Dispute Resolution Skills (2007). He also earned three professional certificates in Civil Mediation and completed one Course in Advanced Mediation Techniques from the National Judicial College at the University of Nevada where he served as a Faculty Facilitator for the Civil Mediation course.