Arbitration is an out-of-court resolution process, using an impartial third party (the arbitrator) to make legally-binding decisions. Simply put, it is a way of settling a dispute without having to go to court.
By agreeing to arbitration, the parties waive their fundamental, constitutional right to a trial by jury of their peers with the goal of finding a faster and more cost-effective resolution. Unless otherwise agreed, the decision by the arbitrator is legally binding and non-appealable.
Parties generally have the freedom to customize the arbitration process, including rules and procedures. Arbitrations can be conducted in-person, virtually, or through a hybrid approach. The arbitrator generally reviews pre-arbitration materials submitted by the parties, including documentary evidence.
At the time of the arbitration itself, the arbitrator hears testimony, examines evidence and renders a written opinion. In civil disputes, the arbitrator decides issues of liability (unless admitted) and damages in a written “award of the arbitrator” after the arbitration hearing.
Parties often select arbitrators on the basis of substantive expertise. Scott’s deep subject matter expertise and diverse litigation background position him to be a highly effective arbitrator.
He has acted as an independent, neutral arbitrator in various disputes, including those related to automobile and trucking accidents, slip and falls, and medical and dental malpractice.
Scott always strives to provide an arbitration process that is fair, professional and allows all parties the opportunity to be heard.
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