An experienced attorney-arbitrator with expertise in the subject area of the dispute is better able to correctly decide factual and legal issues than is a jury or an inexperienced trial judge struggling in an unfamiliar area. Extreme results are rare.
An arbitration hearing usually occurs several months sooner than a court trial would occur (especially with the additional trial delays caused by Oregon's budget problems).
Arbitration eliminates elaborate pleadings, motion practice, case status appearances, daily call, and other paper-generating and attorney appearance requirements imposed by trial court rules and procedures.
We can help you plan for the future and protect your assets. Our team will guide you through the estate planning process and ensure your wishes are carried out.
Most laypersons are generally frightened of a courtroom and prefer the privacy and informal setting of arbitration. Moreover, private arbitration is not a public record like lawsuits filed in court.
The challenges that can be made in court to an arbitrator's award are limited by statute and difficult to prove: corruption, fraud, partiality, arbitrator misconduct, etc. (ORS 36.705; 9 USC 10). An award cannot be challenged for an error in law or because of an unreasonable fact-finding. (See Arbitration and Mediation §8.23 (Oregon CLE 1996).) Although this practical finality is admittedly a two-edged sword, most commentators agree that the finality of an arbitration award is one of the benefits of arbitration.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.