Qualified Representation In Kentucky Arbitrations
Pierce W. Hamblin and John R. Martin Jr. have been recognized by the National Academy of Distinguished Neutrals, for their exceptional work.
Whether required by an arbitration clause in your contract or because you wish to avoid litigation if you can, arbitration can provide an effective means of resolving your legal matter. As the fourth largest litigation firm in Kentucky, Landrum & Shouse LLP is fully prepared to represent our clients’ interests in arbitration. We put our decades of experience as trial lawyers to good use in preparing our clients for arbitration and representing their interests throughout the process.
The Basics Of Arbitration
Arbitration often arises from an arbitration agreement or clause of a contract. Binding arbitration agreements typically mandate that disputing parties resolve their differences through the arbitration process rather than seeking a jury trial. The process is most often used to resolve commercial disputes or consumer-driven civil litigation.
Similar to litigation, both sides present their arguments and supporting evidence over an issue to a neutral arbitrator. After weighing the facts and considering the law, the arbitrator makes the final decision on the matter. Arbitrations are subject to both state and federal laws, namely the Federal Arbitration Act, which covers maritime transactions, and intrastate or international commercial disputes, and the Kentucky Arbitration Act, which covers “any existing controversy,” though not those involving employment or consumer insurance disputes.
How Arbitration Differs From Mediation
Like mediation, arbitration occurs outside the courtroom, thereby potentially saving clients time and legal costs. This often makes it a viable alternative form of dispute resolution. However, the process differs significantly from mediation.
Unlike a mediator, an arbitrator serves as the deciding factor between two sides of an issue. By contrast, the mediator’s role is to help both sides come to an agreement. Though neutral, a mediator may actively participate in the discussion by offering suggestions or reminding parties of certain facts as they deliberate. In arbitration, however, the arbitrator listens to the arguments and makes a final decision once all arguments have been advanced.
Contact The Firm
If you are headed to arbitration, put your trust in skilled arbitration attorneys who will protect your interests at every turn. Please call us in Lexington at 859-554-4038 or in Louisville at 502-589-7616 for an appointment. You may also send us an email using our online contact form.
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