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What to Expect — For Everyone Else
Results to expect:
You get valuable results from an effective dispute resolution process. Using a skilled arbitrator can bring relief from the frustration of ongoing disputes. In binding arbitration a capable decider allows you an impartial, dispassionate and focused procedure to provide a just and fair conclusion. From the completed process you can:
- Expect the full and final resolution of your dispute.
- Expect relief from the stress of conflict.
- Expect escape from the high cost of ongoing litigation.
- Expect a clear decision on all issues with a full explanation of the reasoning behind it.
Environment:
With A Neutral View
- Expect Charles Kahn to be prepared with a thorough understanding of the information, documents and exhibits you and your lawyer have submitted in advance.
- Expect a comfortable and supportive environment for the work of dispute resolution.
- Expect to have your point of view heard and respected.
- Expect your questions about the process to be answered.
Here’s the Step by Step Process:
One advantage of selecting a skilled facilitator (binding arbitrator) is that the process of settlement will be specifically tailored to your case. With A Neutral View Charles Kahn uses a variety of techniques to bring the parties to a mutually acceptable solution (as opposed to a cookie-cutter method of attempting to extract agreement). Nevertheless, the following are steps that are often used, depending on the particularities of each matter:
Before the session:
- Initially the parties to a dispute or their lawyers agree to use A Neutral View to assist in the resolution of the matter. They arrange a conference call or one of them calls or emails Charles Kahn to describe the dispute and establish a meeting date.
- A Neutral View emails to each lawyer (or unrepresented party) a confirmation of the engagement and a request for materials. By return email, each attorney (or party) commits to proceed and submits a statement of the facts and issues, attaching all significant documents (including original contracts, scanned photos, relevant medical records, etc.). Each side may designate any of the items to be kept confidential, not be disclosed to any other party.
- It is advisable you to meet with your attorney well in advance of the binding arbitration session to consider the key matters to be addressed (if you are doing this without a lawyer, ask a trusted friend to help).
- Develop a list of the important points you want to get across in the session and analyze your case to establish the best and worst outcomes that may come from a court decision if the case is not resolved.
- Put yourself in the place of an opposing party to imagine the concerns of that side in order to better view the strength of your own position.
- Finally, determine what you seek as an outcome of the dispute, and also, the minimum — least favorable — outcome you can accept.
At our meeting:
- The location of the dispute resolution session can be any place of convenience to the parties.
- Always available at no additional cost is the arbitration suite of A Neutral View. The suite is on the 6th floor of one of Milwaukee’s first and finest office buildings, the Colby Abbot Building, built in 1885. We have free parking at the valet-operated Colby Abbot Garage, healthy snacks in addition to fresh water, coffee and tea, Wi-Fi throughout the suite and advanced technology, such as large display screens and a color hi-res scanner/printer.
In the binding arbitration hearing:
- The procedure normally used for binding arbitration is similar to a courtroom trial with no jury. Instead of a judge, the arbitrator will make decisions on each issue in the overall dispute. In many cases there will be one decider – the arbitrator. In some cases, there will be three arbitrators, serving together.
- Some of the work can be done before the arbitration hearing by delivering to the arbitrator(s) all exhibits (documents and photos) and briefs (written arguments) in advance.
- At the hearing, the parties may agree or the presiding arbitrator may determine that some evidence that would not be normally allowed for use in a courtroom be accepted for consideration in arbitration. This would apply only if the evidence is reliable and its acceptance helps to expedite the matter and reduce costs for the parties.
- The session will begin with an introduction of the issues by the presiding arbitrator followed by opening comments from each party and/or lawyer. With A Neutral View, the procedure is considerably less ceremonial than a courtroom trial. Charles Kahn seeks the input of the parties and their attorneys as to the particular formalities to be applied. In any event, the process will be efficient but never intimidating.
- In most cases, people with helpful information for the arbitrator(s) will be called as witnesses to testify. They will take an oath or affirm their commitment to tell the truth, then answer questions asked by people representing all sides of the dispute. The arbitrator(s) will review documents and other exhibits. The parties or their lawyers will normally be given an opportunity to summarize the evidence before a decision is reached by the arbitrator(s).
- After the conclusion of the hearing, the arbitrator(s) will prepare and send to all sides a written decision addressing every matter presented for resolution. If there is more than one arbitrator, the decision of a majority becomes the decision of the panel.
- The arbitration “award” is legally binding as a final resolution of the matters addressed. The result is the dismissal or avoidance of any lawsuit based upon those issues.
- The case is then complete and you are relieved of the high cost and nagging stress of the issues that brought you to A Neutral View.
