Litigation is one of the most often used ways to resolve legal conflicts. Arbitration is another process that saves money and time. It does not require a presiding judge, but rather, a panel of arbitrators. The arbitration process is also far more flexible since the goal is to come to a resolution that will please both parties.
How Arbitration Could Go Bad
Unfortunately, not all clients who accept the services of a Palm Springs arbitration lawyer are happy with the result. There are quite a handful of errors that an arbitration lawyer can commit. These could end up lengthening the arbitration process. In turn, this costs the client more, and perhaps even causes the client to end up with a less than desirable outcome.
Common Errors of Lawyers in Arbitration
Our Palm Springs arbitration lawyers want to help you understand more about the arbitration process. We have extensive experience. But, if you choose a lawyer who commits these common errors, this is what could happen:
1) Not preparing enough for the arbitration process.
Since arbitration is less formal than litigation, some counselors tend to take the preparation process less seriously. As a result, they end up with insufficient material. By the time the day for arbitration comes around, they end up delaying the entire process.
How to prevent this: Our attorneys work hard to follow up on all the necessary documents and witness testimonies, as well as other required material. We strive to have everything in place well in advance before the arbitration trial. Setting up a clear, concrete schedule for deliverables and adhering to it is also advisable.
2) Not cooperating with the opposing counsel.
Unlike in litigation trials, there is no clear victor between two opposing groups and counselors. Arbitration helps two opposing groups come to a conclusion or measure that is favorable for both parties. Arbitration lawyers that behave as though they were litigating tend to make it more difficult for either party to reach a favorable conclusion. Everyone involved ends up having to spend more time and money to resolve things.
How to prevent this: Before beginning the arbitration process, brief the client about their options and make sure they understand how arbitration is different from litigation. They need to be aware they are not there to do battle, but to come to a favorable resolution. Keep in contact with the opposing counsel as well to prevent any misunderstandings and to stay on track.
3) Making a grand speech to the jury, or in this case, to the panel of arbitrators.
Juries involved in litigation trials may be swayed by a counselor’s speech. A panel of arbitrators contains experts in a certain field. As such, they would not appreciate emotional efforts to sway them, as they prefer to rely instead on facts and logic.
An arbitration lawyer who attempts to influence a panel of arbitrators by exhibiting a theatrical speech is thus more likely to hurt his/her client’s chances of getting a favorable outcome.
How to prevent this: If a speech is necessary (it is often not), stick to the facts and keep it short.
Contact Our Palm Springs Arbitration Lawyer for a Consultation
Contact us at 760-322-2275 to schedule a consultation around your case to see if arbitration is a way to resolve the conflict.
