Arbitration

What Arbitration Is

 

Arbitration is an adjudicative process where the parties agree to an impartial third-party who will make a decision on their dispute - the arbitrator. The parties in arbitration are contractually bound to follow the decision of the arbitrator, and may also agree as to the appealability of the arbitrator’s decision to the Court.

The arbitration process commences with a preliminary meeting where the parties, with applicable legal counsel, discuss the list of issues to be heard, the appropriate process, and the timetable of the proceedings.

After the preliminary meeting, the moving party/petitioner/plaintiff will provide a brief which includes a summary of the matters in dispute, a summary of the evidence in their possession, the remedies sought, and a summary of applicable law. The non-moving party/respondent/defendant will have opportunity to respond, also providing a brief, including any claims they may have against the moving party/petitioner/plaintiff. If the non-moving party/respondent/defendant provides a brief of claims against the moving party/petitioner/plaintiff, the moving party/petitioner/plaintiff will thereafter submit a brief responding to those claims.

Each party will provide a list of all relevant documents and things in their possession. Each party will be given opportunity to inspect the documents and things in the other party’s control, with the parties determining the selection of documents to be prepared for the arbitrator for review prior to the arbitration hearing.

The arbitration hearing is a meeting where the arbitrator will listen to oral arguments, review evidence and questioning of witnesses, and request clarification of any information needed to inform the arbitrator’s decision. The parties may also avoid a hearing if the issues can be determined upon the documents available.

After the hearing, the arbitrator may request additional briefing based upon the evidence presented and any remaining questions as to applicable law.

Once the arbitrator has reviewed all evidence and briefing, the arbitrator issues a written decision, summarizing the proceedings, the facts based on the evidence presented, the applicable law, the decision, and the arbitrator’s reasons for the decision.

Benefits of Arbitration

 

There are numerous benefits to arbitration, including the following:

  • Faster resolution than waiting on the Courts

  • The parties select their decision maker

  • Reduced costs of discovery and litigation

  • Arbitration is private and members of the public are not able to attend

  • The parties have control over the issues to be heard by the arbitrator - it could range from a temporary order to govern the parties during litigation, to a selection of part of the issues between the parties, and to a full and final determination of all issues between the parties.

  • Appeals are limited, lending to closure and finality

Examples of Matters Which Can be Arbitrated

 

The following are examples of some things that may be submitted for arbitration:

  • All claims and counterclaims in a family law, divorce, custody, child support, or guardianship matter

  • All claims, counterclaims, crossclaims, or third party claims in probate and commercial litigation matters

  • Discovery disputes

  • Order enforcement issues/motions

  • Temporary orders

Frequent Questions About Arbitration

 

What our arbitrators charge:

  • Our arbitrators charge $275 per hour for the arbitration proceedings, including all time spent meeting with the parties, reviewing briefing and evidence, and drafting the decision.

Travel expenses:

  • Our arbitrators do not charge for travel if the arbitration occurs within the 1st District Court boundaries (Rich, Box Elder, and Cache Counties)

  • There is a $70 flat fee for travel to locations within the 2nd District Court boundaries (Weber, Morgan, and Davis Counties)

  • There is a $100 flat fee for travel to locations within the 3rd and 4th District Court boundaries (Salt Lake, Summit, Tooele, Wasatch, Utah, Juan, and Millard Counties)

Who pays the arbitrator:

  • All parties involved in an arbitration will equally share the arbitrator fees, unless otherwise agreed by the parties in writing prior to the commencement of the proceedings

Whether a deposit/retainer is required:

  • Deposits/retainers are required in advance of the arbitration. The amount of the retainer will be determined by the arbitrator at the time of the preliminary meeting

  • The amount of the deposit will be based upon what issues are being submitted for arbitration and the complexity of the issues, in consideration of the anticipated time to be spent by the arbitrator

Whether arbitrators can represent either party before or after arbitration:

  • Although are arbitrators are experienced licensed attorneys, they cannot represent either party before or after arbitration so as to ensure and maintain impartiality

Whether you need your own attorney at arbitration:

  • Parties are always encouraged to seek their own independent legal advice from an attorney

  • Parties may also choose to submit issues to arbitration on their own