Arbitration Services for Attorneys and Pro Se Parties

Anthony C. Adamopoulos, Arbitrator

I am a graduate of prestigious training programs including: the American Academy of Matrimonial Lawyers Arbitration Training Institute; the International Arbitration Course of the Chartered Institute of Arbitrators and the American Arbitration Association.

I was trained in Construction Arbitration by the American Arbitration Association.

I have over twenty-five years of arbitration experience. I have served as a Discovery Master, Civil Master (law and facts), and Judicial Adjunct.

An example of the width and depth of my experience includes:

  • A $1M+ claim for negligent delivery of bulk petroleum
  • A $1M+ intra-family multi-corporate dispute over the proceeds of a corporate sale
  • A $700,000+ breach of fiduciary duty stock market claim

 

Deadlock ArbitrationSM -When all else fails

Deadlock ArbitrationSM is the smart way out of negotiation deadlock.

Avoiding an in-court trial can have profound effects on the financial and emotional future of each party. Often, there is little to be gained by trial when even a “win” carries a “loss”.

Deadlock is an uncompromising refusal by at least one party to move from a position.

What does it take to get to deadlock? What does it take to get out of deadlock? Consider the following scenario which applies equally to each Divorce Approach:

The parties have produced agreement on everything but one issue. That one issue prevents a resolution. Deadlock ArbitrationSM can resolve that one issue. In Deadlock ArbitrationSM, the parties select the right arbitrator to resolve their deadlock.

Their “handpicked” arbitrator travels to the parties. There, in a format designed by the parties (with the help of their respective attorneys or their mediator), the arbitrator listens to the presentation of each side.

After a period, all issues are resolved except for one – How to handle the wife’s recent inheritance from her father’s estate.

The husband wants “his share” and the wife says it is all hers. Neither party will compromise. Resolution by negotiation (or mediation) has come to a deadlock!

In Deadlock ArbitrationSM, the parties select the right arbitrator to resolve their deadlock.

The arbitrator, within the time agreed upon, makes a decision and the divorcing parties move on.

  • Your preparation and obvious knowledge of the issues impressed everyone. Your procedure was very successful and largely because the parties trusted you to be discrete.

    B. A. M.D., Esq., Counsel for defendant
  • Attorney Anthony Adamopoulos conducts himself in a professional manner. He does not show favoritism to either side… . He clearly states the issues. I know that is what our company is looking for, someone who is fair and objective.

    L. H., Defense Claims Representative
  • You did a nice, quick job. I think the award was within the range I had anticipated. I had a high/low and the award was above the low and beneath the high.

    C. W. G., Esq., Counsel for plaintiff
  • My client was happy with your finding and defendant's attorney felt your award was within the parameters of the value of the case.

    P. N. O., Esq., Counsel for plaintiff
  • The award was made within 48 hours of the hearing. My client's claim was resolved in an expedient and fair manner without the delays necessitated by litigation.

    N. P. V., Esq., Counsel for plaintiff

What is arbitration?

Arbitration is a confidential process of final and binding dispute resolution in which each party submits their position, in a less formal, less legalistic manner, to a neutral third party who makes a final and binding decision on all issues submitted for resolution.

Are you an attorney representing a party in a divorce or civil matter?

Experienced knowledgeable attorneys know that even the best intentioned and experienced attorney sometimes hits deadlock – a stalemate that cannot be resolved through negotiation.

Experienced, knowledgeable attorneys also know that arbitration is the last real chance to avoid "trial-in-court". They know going to court means: involving a judge, following rules and procedures that can slow resolution, additional cost and the risk of multiple continuances. Then, after a court trial, each party faces the possibility of an appeal by the other. Attorneys assist their clients in determining whether they are best served by the benefits of arbitration. If the benefits of arbitration are chosen, then the attorneys, working together, prepare the Arbitration Agreement.

Are you a pro se party facing litigation in court?

For pro se parties, going to court means involving a judge and following rules and regulations that may be unfamiliar to a pro se party. Going to court can mean having subpoenas served, certifying documents and doing all that is required to present a case before the court. Arbitration avoids unnecessary costs and delays associated with going to court. Unlike court trials, the Rules of Evidence do not apply in arbitration.

Arbitration is used for single or multiple issues and can be used to resolve deadlock arising out of the Collaborative or Mediation process.

The easy steps to resolution by arbitration:

  1. After deadlock, attorneys discuss arbitration with their clients. Pro se litigants discuss arbitration between themselves.
  2. If all agree, an Arbitration Agreement is executed. (Basic templates are available.)

The basic arbitration agreement provides for:

  • Confidential proceedings;
  • Discretion;
  • Issue selection and limitation;
  • Binding awards (there may be a high/low agreement);
  • Any other provision agreed upon;
  • The admission of all evidence which is then given the weight determined appropriate by the arbitrator; and
  • The time and location for the arbitration hearing.

Benefits of arbitration:

  • Provides privacy – hearings are not open to the public.
  • Provides confidentiality – testimony and documentary evidence are notavailable to the public.
  • Avoids unnecessary costs – affidavits may beused instead of in person expert testimony.
  • Avoids unnecessary delays – there are no unexpected court like delays.

Points to consider:

  • Speed – Hearings can be scheduled within days and decisions awarded within weeks.
  • Single issue determination – arbitration can be used to resolve only one issue, e.g., the final "sticking point".

As the arbitrator of your case, I will:

  • Discuss with counsel, or pro se parties, in joint conference, any specific interests such as confidentiality, informality, time of hearing, etc.
  • Conduct the arbitration hearing in a fair and impartial manner.
  • Give my decision within a mutually agreed upon time frame.