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Arbitration
- Binding Arbitration is a procedure by which parties agree to submit their dispute(s) to a neutral third party, known as an arbitrator. The arbitrator considers arguments and evidence from all sides, then renders a written final and binding decision. The parties may mutually agree upon less formal rules and procedures or agree upon sections CCP 1289 et seq to govern the arbitration hearing.
- Nonbinding Arbitration is a type of arbitration where the arbitrator makes a determination of the rights of the parties to the dispute, but this determination is not binding upon them, and not enforceable in a court of law. The “award” is in effect an advisory opinion of the arbitrator’s view of the respective merits of the party’s case. Many times the parties agree to this format and utilize it in connection with attempts to reach a negotiated settlement.
- Baseball Arbitration is another hybrid of a binding hearing and is sometimes referred to as an “either/or” arbitration, it has two popular forms “Night” or “Day” baseball. In each method, the parties submit their last best offer and demand to the Arbitrator. In “Day” baseball, the Arbitrator is aware of the numbers and chooses the figure deemed most appropriate. In “Night” baseball, the figures are kept confidential from the arbitrator. Upon rendering of the decision, the figure mathematically closest to the arbitrator’s award becomes the binding award. This format is best suited when the parties feel strongly about the reasonableness of their offer/demand
- High/Low Binding Arbitration is a binding arbitration wherein the parties agree to a high and low figure to bracket the award. The parties agree on a number for the low in which the plaintiff will not accept any less and also for the high in which defense will not pay any higher. If the decision is any number between the two parameters, that is the binding award. The high/low numbers are typically confidential and not shared with the arbitrator.
