Arbitration is a legal process where people resolve their disputes before a neutral third party instead of going to court It is important to understand who uses arbitration and why Arbitration is usually preferred by individuals or companies who want to avoid long court proceedings and seek a faster decision In courts even simple cases where both parties are willing to compromise can take six months to one year and if the case is complicated it may continue for a much longer time That is why most companies prefer arbitration A common question people have is who an arbitrator is An arbitrator is an independent and neutral person who plays a role similar to that of a judge in arbitration proceeding
*Arbitration Process*
*Arbitration Agreement*: Arbitration is possible only when there is an arbitration agreement between the parties This agreement may either be included in the contract from the beginning or may be made separately after a dispute arises The agreement specifies how the arbitrator will be appointed the place of arbitration the language to be used and the applicable law Without an arbitration agreement arbitration cannot take place
*Notice of Arbitration*:When a dispute arises one party sends a notice of arbitration to the other party This notice contains a brief description of the dispute the reason why the dispute has arisen a reference to the arbitration clause and a basic outline of the claims This notice officially initiates the arbitration process
*Disclosure & Neutrality*: in this process the arbitrator is required to disclose their independence and impartiality Basically the arbitrator must inform whether they have any personal or professional relationship with either party or any conflict of interest This disclosure is necessary to ensure that the arbitrator can take a fair decision and to maintain the trust of both parties so they feel that they are being heard in a truly fair manner
*How a Lawyer Helps in Arbitration* :An experienced lawyer plays a crucial role in arbitration First of all they carefully study your case knowing that simply arguing the case is not enough to make it strong An experienced lawyer explains every step of the arbitration process to you clearly This includes drafting and reviewing the arbitration clause where the advocate ensures that the clause in the contract is correct and legally valid This step helps avoid future disputes The advocate gathers evidence and prepares strong legal arguments while also ensuring that the client’s legal rights are fully protected The lawyer also makes sure that the arbitration process remains confidential Success in arbitration does not depend only on the facts of the case but also on how those facts are presented and argued and this is something only an experienced lawyer can effectively handle
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