Arbitration Services

What is arbitration?

Arbitration is, in its essence, a mini trial where an arbitrator acts as judge and jury. Some arbitrations employ a single arbitrator, and some employ multiple arbitrators (called panels).

Arbitration rules are more relaxed than those for jury trials.

Because the rules are more relaxed, and because a jury does not need to be vetted, instructed, and presided over, arbitration tends to be much faster than a jury trial. However, events leading up to arbitration, such as discovery and motion practice, are not necessarily more efficient.

 

Types of cases Joe Durkee arbitrates:

Motor Vehicle Accidents: Third party, uninsured motorist, under-insured motorist, PIP.

Insurance Disputes: Breach of contract, subrogation, actions against insurance agents.

Business Law Disputes: Partnership disputes, shareholder disputes, breach of contract, copyright infringement, trademark infringement.

Employment Disputes: Discrimination, harassment, retaliation, disability, wage and hour.

Real Property: Boundary line, timber trespass.

Aviation Accidents

Wills & Trusts 

Construction Defects

Joe does not arbitrate family law, or HOA, COA, or neighborhood dispute matters.

How arbitration works.

Before an arbitration:

  • Parties select an arbitrator or panel.

  • Pre-arbitration motions are heard by the arbitrator or panel. 

  • Both sides submit pre-hearing statements that include the names of witnesses as well as all physical evidence that will be presented. Sometimes pre-hearing statements include a summary of the case and pertinent case law. 

Arbitration procedures: 

  • Arbitrator or panel entertains motions. 

  • Opening statements are heard. 

  • Plaintiff/Claimant presents witnesses who are questioned via direct, cross, and re-direct examination. 

  • Defense/Respondent presents their witnesses who are questioned via direct, cross, and re-direct examination.    

  • Plaintiff may call witnesses to refute Defense witnesses’ testimony (rebuttal testimony). 

  • Parties make closing arguments.

  • Arbitrator or panel deliberates on the issues presented and determines the appropriate award which is then issued in writing to the parties. Some arbitration awards merely state the award amount, and some provide a lengthy explanation of the findings of fact, conclusions of law, and resulting award amount. 

Before taking on a new case, Joe runs a conflict check to ensure he’s able to arbitrate the matter.