Understanding Arbitration: A Comprehensive Beginner's Guide to the Process in Small Claims Court and Beyond

Understanding Arbitration: A Comprehensive Beginner's Guide to the Process in Small Claims Court and Beyond

by Wendy Phillips
Understanding Arbitration: A Comprehensive Beginner's Guide to the Process in Small Claims Court and Beyond

Understanding Arbitration: A Comprehensive Beginner's Guide to the Process in Small Claims Court and Beyond

by Wendy Phillips

eBook

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Overview

Designed to be Straight-Forward and Understandable, Yet Thorough! Without heavy "attorney talk" an experienced lawyer will teach you: - How to evaluate whether arbitration is for you. - What to expect during the process…every step of the way. - The pro's & cons of arbitration. A must if you're facing arbitration, have signed a contract including arbitration, you're suing someone or being sued.

Product Details

ISBN-13: 9781608850730
Publisher: Looseleaf Law Publications, Inc
Publication date: 10/21/2013
Sold by: Barnes & Noble
Format: eBook
File size: 2 MB

Table of Contents

About the Author i

Foreword by Author iii

Chapter 1 What Is Alternative Dispute Resolution (ADR)? 1

Chapter 2 What Is Arbitration? 3

Chapter 3 What Is Mediation? 5

Chapter 4 Advantages of Arbitration 9

Chapter 5 Disadvantages of Arbitration 11

Chapter 6 How to Get Your Case to Arbitration 13

Both Parties Can Voluntarily Decide to Take Their Dispute to Arbitration 13

Dispute Resolution Clauses in Contracts 14

Chapter 7 Responses to Request for Arbitration 17

Chapter 8 Preparing for Your Arbitration Hearing 19

Pre-Hearing Discovery 22

Chapter 9 Do You Need an Attorney for Your Arbitration Hearing? 23

Chapter 10 Can You Choose Your Own Arbitrator? 25

Chapter 11 Qualification of Arbitrator 29

Chapter 12 Methods for Choosing an Arbitrator 31

Chapter 13 Preparing Your Witnesses 33

Chapter 14 Subpoenas 35

Chapter 15 Affidavits 37

Chapter 16 Site Visits 39

Chapter 17 Ex Parte Communication 41

Chapter 18 Postponement and Cancellation of Your Hearing 43

Chapter 19 Failure to Appear at Your Hearing 45

Chapter 20 Who Will Be at the Arbitration Hearing? 47

Chapter 21 What Will Happen at Your Arbitration Hearing? 49

Chapter 22 Your Conduct at the Hearing 51

Chapter 23 Burden of Proof 53

Chapter 24 Presenting a Winning Case or Defense 55

Elements of a Breach of Contract Case 55

Elements of a Personal Injury or Property Damage Case 56

Intentional Tort 56

Negligence 57

Defenses 57

Affirmative Defenses 58

Statutes of Limitation 58

Counterclaims 59

Chapter 25 Evidence and Testimony at

Your Hearing 61

Chapter 26 Making Objections at Your Hearing 63

Irrelevant 63

Argumentative 64

Hearsay 64

Leading Question 65

Narrative 65

List of Most Common Objections 66

Chapter 27 The Opinion and Award 67

Chapter 28 Appealing or Vacating the Arbitrator's Award 69

Chapter 29 Enforcing the Award 71

Appendix Sample Forms 73

Form 1 Notice of Election to Pursue Arbitration Based on a Contract Which Contains an Arbitration Clause 73

Form 2 Arbitration Agreement 74

Form 3 Binding Arbitration Agreement Form 77

Form 4 Stipulation of Settlement 79

Form 5 Subpoena (Witness) 80

Form 6 Subpoena (Witness) 81

Form 7 Subpoena Duces Tecum 82

Form 8 Subpoena for Production of Medical Records 83

Form 9 Affidavit of Service for Subpoena 84

Form 10 Contract for Arbitration Services 86

Form 11 Arbitration Award 89

Glossary 95

Index 115

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