Frequently Asked Questions About Arbitration

What is the difference between mediation and arbitration?

While arbitrator and mediator are often used as synonyms, there is a slight, but important difference between the two. A mediator is a neutral third party that assists the disputing parties in their conflict resolution. A mediator does not decide the case and gives no legal advice. Arbitrators, on the other hand, decided the case for the parties. An arbitrator is an attorney or a retired attorney that listens to the parties, their arguments and claims and then writes an award that decides the case.

Are you seeking legal information regarding Utah arbitration laws? If so, contact our Utah arbitration lawyer today!

When is a case sent to arbitration?

Civil action cases (lawsuits) are subject to arbitration if the amount of the controversy does not exceed a certain amount. Arbitration does not apply to appeals from a county, justice, or municipal court or small claims actions of a circuit court.

·Domestic Relations cases (dissolution/divorce, annulment, or separation) are subject to arbitration if the only contested issue is the division or disposition of property. Child or spousal support issues are not subject to arbitration.

How much will the arbitrator be paid?

The fee for an arbitrator is usually about $150 an hour for maximum of 4 hours.

What is ‘non-binding’ or ‘advisory’ arbitration?

It is a process that is similar to arbitration in that the parties agree to submit a dispute to an arbitrator, but agree that the award is merely advisory. The parties need not follow it and each party is free to pursue an independent action, such as a lawsuit in a court of law. It is different from mediation.

Is arbitration binding?

If the two parties don’t agree upon advisory arbitration, all arbitration results are binding. Whenever the agreement states “arbitration” by itself, the awards and the decisions are set. In case both parties mutually agree to withdraw the case, they can do that any time before the award is issued.

How long does an arbitrator need to come to decision?

After the arbitration hearing, the arbitrator has 14 days for civil cases and 21 days for dissolution cases to file the award with the court along with proof that the award was served on each party. The arbitrator may request more time from the court, particularly if they are being asked to award attorney fees.

How do I hire an arbitrator?

All that it takes is for the parties to agree upon a specific arbitrator and contact that arbitrator to determine if the person is willing to take the case. Where you have agreed to have the arbitration handled according to the rules of a particular association, the association may handle the process for you. For example, the American Arbitration Association has panels of arbitrators. It provides a list of arbitrators and sends it to the parties and they choose an acceptable arbitrator from that list. If the parties, however, can’t agree on an arbitrator, the court may simply assign one to that case.

Are you seeking legal information regarding Utah arbitration laws? If so, contact our Utah arbitration attorney today!

	Did You Know?
	Arbitration is different than mediation. Mediation is a method of dispute resolution whereby the disputing parties achieve a mutually-satisfactory resolution with the assistance of a mediator. Unlike arbitration sessions, mediation sessions are not “decided” in favor of one party or another; rather, the mediator simply facilitates the negotiation process between the parties. Mediating parties are not bound to resolve their dispute (although mediated settlements, once reached, can be made binding if the parties decide to draft a contract called a settlement agreement). Arbitrating parties, on the other hand, receive a final decision from the arbitrator, which is either binding or non-binding depending on the terms of the arbitration agreement.