Contract Arbitration Attorneys in Marietta
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It is increasingly common for contract disputes to go to arbitration rather than being litigated. This process has significant benefits over litigation, though it is not without its drawbacks. While it is common for parties involved in a contract dispute to mutually agree to arbitration at the time, many contracts are drafted with arbitration clauses in the first place. No matter what your situation may be, it is essential to hire an experienced contract arbitration lawyer to help you through the process. The Barnwell Law Group are the leading contract arbitration attorneys in Marietta.

Read on to learn more about contract arbitration.

How Arbiters Are Chosen

There is a great deal of confusion about how arbitrators are chosen, even among people who have drafted contracts that include arbitration clauses. Arbiters must be chosen by all the parties involved. All parties must mutually approve an arbiter before the arbitration process can begin. However, parties who are already locked in a serious dispute may not be able to come to an agreement on who should arbitrate their case. If this happens, the parties involved may have to go before a judge. The judge will then choose an arbiter.

There are few regulations around who can arbitrate such cases. However, most arbiters are retired judges. In fact, it has become quite common for retired judges to become arbiters.

Contracts With Arbitration Clauses

Contracts that include arbitration clauses have become widespread over the last few decades. Such contracts are often used to cover goods and services that a company is selling. If you’ve ever downloaded a piece of commercial software from a major company, there’s a good chance that there was an arbitration clause buried somewhere in the fine print of the terms of service document.

Many companies also include these clauses in employment contracts. Companies do this because arbitration is cheaper than litigation and because they are likely to have lawyers on retainer to represent them during the arbitration process, while the other party is likely to represent themselves. If you find yourself in such a situation, it is extremely important that you hire a leading firm like The Barnwell Group. Otherwise, you will be at a significant disadvantage.

Contracts with arbitration clauses are also commonly used by partners in a business. In this instance, arbitration clauses are unlikely to give any part an advantage. They simply help these partners save time and money.

Filing a Contract Lawsuit Despite an Arbitration Clause

It is common for one party to want to file a suit instead of going to arbitration. However, this might not be possible if they agreed to arbitration in a pre-existing contract. In fact, the only way that this would be possible if there is a pre-existing arbitration agreement is if both parties agree to litigation rather than arbitration. In practice, this rarely happens.

Arbitration vs. Litigation

If you have the option of either arbitration or litigation, you may find yourself wondering which is better. As previously mentioned, arbitration is quicker and cheaper than litigation. However, it’s also worth noting that arbitration costs are rising, though arbitration is still less expensive than litigation on average. It is also a simpler process. Arbitration sessions can also be scheduled at a time that works for both parties. In contrast, court dates are scheduled at a time that works for the court without regard to the schedules of the defendants or the plaintiffs.

In addition to the potential for an uneven playing field, arbitration has one major drawback. This is that the decisions of the arbitrator are final and cannot be appealed. In contrast, a judgment from a judge can be appealed to a higher court. While it is possible to have an arbitrator’s decision overturned, this process is very difficult and complex. In general, courts view arbitration as a way to ease their heavy caseloads. This means that they are reluctant to take on cases related to arbitration (such as a suit that seeks to overturn an arbiter’s decision).

Contact an Experienced Contract Arbitration Lawyer Today

Don’t make the mistake of going without a lawyer because your contract dispute is being arbitrated rather than litigated. An experienced contract arbitration attorney like Cory Barnwell at The Barnwell Law Group will significantly increase your chances of success in the arbitration process. Arbitration may be a simpler process than litigation, but it is still very complicated for the layperson. The Barnwell Law Group can provide you with expert legal guidance throughout the process. Contact The Barnwell Law Group today, the leading contract arbitration attorneys in Marietta, to learn more about how we can help you with your contract arbitration case.

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