In 1962, 11.5% of federal civil cases went to trial. Today, experts say the percentage of civil cases that actually reach trial in the Federal courts is estimated to be about 1%. So how do companies seeking contract, patent, attorney malpractice, and other disputes push that 1% to win (or at least be heard)?
Arbitration is a process where disputing parties privately agree that one or several individuals can make a decision about an existing dispute after receiving evidence and hearing arguments from both parties. Becoming more and more widespread as a resolve to company disputes, arbitration is offered by several organizations, each with their own particular set of rules (which vary as they pertain to each individual case that is brought to that organization).
Differing from mediation, arbitration takes place when the neutral arbitrator (in this case, an organization) can make the final decision about the dispute. The overall process is similar to a forma court trial in which each side has the opportunity to make opening statements and present evidence to the arbitrator so that they can make an informed decision. However, in contrast with the traditional hearing seen/heard in a courtroom setting in front of a judge, arbitration can be completed quickly and in a less formal but nonetheless private sector, all while not mandating rules enforced by the state and federal levels. While some cases are not finalized, others hold the same strength as a binding contract, meaning that they can be enforced in a court of law with very minimal opportunity for an appeal.
When faced with the challenge of selecting how to push a dispute (like a patent or product liability) within your company, how do you make an informed decision on an organization that provides arbitration?
FedArb is an ADR company that specializes in arbitration and mediation services for complex commercial cases. Established to combine the benefits of the federal court system (experienced judges, familiar rules, and optional appeal) while preserving all the benefits of arbitration (judge selection, speed, confidentiality, cost efficiency, customization, and enforceable nature), FedArb boasts a roster of 50 former federal judges who are experts in various areas of law and have years of experience. judge Dennis M. Cavanaugh, for example, served as a Judge of the United States District Court since 2000 and as a United States Magistrate Judge from January of 1993 to 2000.
FedArb is there with your company every step of the way, providing customized case status reports via proprietary case management software, and case managers are available to assist all parties seven days a week with extended morning and evening hours available as well. Experienced former judges can help you zero in on the best strategies and arguments through mock trials as well.
When it comes down to locking in an arbitration strategy for securing a patent, battling Chapter 11 bankruptcy, multidistrict litigation, corporate investigations. and electronic case management, rely on FedArb and their team of experienced professionals to guide you every step of the way.