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Online Arbitration by Email

Arbitration as a Negotiating Tool

Arbitration, like many tools, can be applied in a variety of situations.

Much in the same way the versatile screwdriver can be used to tighten a screw, pry open a lid, scrape off residue, or even fend off an assailant, arbitration can be used in many ways and for a variety of purposes.

The most common use of arbitration is as an efficient, less costly substitute for litigation. This is known as binding arbitration, and is the type we do most often at net-ARB. But arbitration can also be non-binding, the second most popular form, used to obtain an advisory opinion or as a negotiating tool.

What good is that you may ask? Why bother going through arbitration if the result can be ignored?

Advisory Opinion

Imagine if you could run your case by the judge before filing your lawsuit and have the judge tell you whether or not your are likely to prevail with your lawsuit. If the judge says you have a great case, you run down to your local courthouse, file suit, and await your joyous day in court.

But what if the judge tells you that you have no case? What if you find out that even though you may be in the right, you just do not have sufficient proof to win a lawsuit? Although it may be a crushing blow, you can rejoice in that fact that you won't be wasting your money and time pursuing a worthless cause. And how about the face-saving value of avoiding the embarrassment of losing your case in front of your opponent? Or what if you learn something from the explanation that you can correct before you go to court?

Well, you can get an advisory opinion from net-ARB. When you register your case, just tell us you are seeking an advisory opinion and then either list yourself as both parties, or list a friend or relative as the other party. Run your case by our arbitrators and see how they decide before rushing off to the courthouse. Even if our arbitrators decide against you, you may learn from the explanation what your case is lacking and be able to supply that needed element for your trial. In valuable advice for sure.

Negotiation Tool

Often times while trying to work out a settlement, both sides reach an impasse due to some unknown or unresolved mini-issue. One side offers X, saying he just doesn't see it being his fault. The other said thinks he is entitled to Y because none of it was his fault. And often times, the two sides are not very far apart. The only alternative seems to be an expensive and drawn out trial.

Instead, parties in a negotiation can choose to bring whatever issues they choose before our arbitrators, instructing them to only determine certain issues. For example, we can determine fault and even assign percentages between the parties, but stop short of determining an amount for the award, leaving that up to the parties to work out for themselves afterward. Or our arbitrators can decide upper and lower limits for a damage award without further comment, giving the parties a range in which to complete their negotiations.

Whatever your special needs might be, net-ARB can work out an arrangement to serve those needs — quickly, conveniently and affordably.

We're here to serve YOUR needs. Tell us how.

net-ARB Online Arbitration by Email - Fast, Convenient, Affordable - Better than Mediation or Litigation
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