PART TWO

For PART ONE – WHY CONFIDENTIAL DEADLOCK ARBITRATION^sm

Making the decision to arbitrate:

• Deadlock Arbitration^sm can be used to resolve deadlock arising out of the Collaborative or Mediation process.
• After deadlock, attorneys discuss arbitration with their clients. Pro se litigants discuss arbitration between themselves.
• If all agree, an Arbitration Agreement is executed.

The basic arbitration agreement provides for:

• Confidential and private 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 – for example, hearings are not open to the public.
• Provides confidentiality – for example, testimony and documentary evidence are not available to the public.
• Avoids unnecessary costs – for example, affidavits may be used instead of in person expert testimony.
• Avoids unnecessary delays – for example, 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”.
• Arbitration awards are generally not subject to appeal.