Arbitration is defined as a technique to resolve disputes outside of the courts. But no matter how careful you are as a business owner, sometimes minor problems can eventually turn in to major ones, so if you are involved in a business dispute with another company? Go to arbitration.
Well, wait; is that the best solution for you? For many years the “traditional thinking was yes. But before you go that route, please consider the following:
- Cost: A professional Arbitrator will usually charge in the $500 per hour range for commercial disputes. Sometimes cases call for more than one Arbitrator to be included. You do the math, you’re probably better off in a court room.
- Delay: You want a quick resolution to the problem, let’s get it over with! Typically rules of arbitration say it should take 30 days for a decision. However it is not uncommon for an arbitrator to ask for additional time, sometimes up to 120 days. At $500 an hour, ask yourself, why wouldn’t they?
- Inconsistency: This is not a courtroom; the rules of evidence may not be applied exactly the same way that they are in a courtroom. With an Arbitrator, some so-called “evidence” may be admitted – which a court would not even consider.
- Discovery: Federal rules limit the Arbitrator’s Subpoena power. Probably not a problem if both companies are in the same jurisdiction, but could be a major problem if they are headquartered in another state.
- The “Appeal”: If you feel that the decision is incorrect, or the law has been misapplied, you should recognize that arbitration awards are final and generally not subject to appeal.
So our advice to you is to try to get along with your employees, customers, and vendors. That’s what we try to do every day here at Sharn Enterprises. But if that doesn’t work for you, carefully consider all of your options.
(Credit: Adrian Mendoza-Daily Hearld)
President- Sharn Enterprises, Inc.
“A Proud American Manufacturer”