The Mediation Group of Tennessee, LLC The Mediation Group of Tennessee, LLC

Arbitration Services:

Arbitration is a process where the parties have agreed, usually by contract, that in the event of a disagreement which they cannot resolve, they will bring the conflict to a neutral party who is not in the normal court process. They are looking for a quick resolution to the disagreement and need someone to make for them a decision which they cannot negotiate. The role of arbitrator, like the role of mediator, requires an impartial neutral party. The arbitrator acts like a judge or is one neutral on a panel of neutrals. They hear the evidence and make a decision, either written or oral, depending on the parties’ requirements.

Depending upon the contract which requires arbitration or on the amount or complexity of the controversy in question, the parties will usually have a pre-arbitration conference to determine the exchange of information prior to the arbitration date. Emphasis is placed on the most important document exchange, as arbitration should be more expeditious than a court process. It should not be a replica of a court proceeding.

The nature of the presentation of the case is similar to a court proceeding. Each side presents witnesses and exhibits and the other party cross-examines the witness. Therules of evidence are relaxed, emphasizing common sense and relevance.

Following the hearing, the arbitrator(s) will either issue a decision at the hearing or estimate the amount of time necessary to issue a written decision. Unless there are some serious procedural problems, the arbitrator(s)' decision is not appealable and the decision is final.

How do you schedule an arbitration?

Usually arbitrations are scheduled by agreement of the parties or by court referral. In any event one or both parties call The Mediation Group of Tennessee Office and speak with a case manager. The phone number is (615) 292-6069 or Toll Free (877) 298-8648.

If you are requesting a specific arbitrator or panel of arbitrators, the case manager will check to see if the parties'schedule and the arbitrator's schedule are compatible. If you have no preference, the case manager will steer you to several possibilities based on experience, training, subject matter expertise and availability. The resumes are available on the Panel of Civil Professionals on this website.

The case manager will obtain information that is necessary to schedue the arbitration. If only one party is on the phone, several calls may be necessary to set a date and time convenient for all parties and the mediator.

After the necessary information is received and the arbitration is scheduled, the case manager will send out a confirmation letter giving details regarding the date and location of the arbitration and notifying the parties of a Pre-Arbitration Conference. The Pre-Arbitration Conference Call is set to set up a date for the arbitration, the discovery process, witnesses, subpoenas venue, place of the arbitration and other details.

The case manager will also send an Agreement to Arbitrate to the attorneys or to the parties, if unrepresented. This document contains the arbitration rules, as well as the hourly rate of the arbitrator and responsibility for payment. All parties and attorneys must sign this agreement prior to the start of the mediation. An Agreement to Arbitratre may be printed out by clicking here. Agreement to Arbitrate. Our Rules of Arbitration are attached to the Arbitration Agreement.

What are the benefits of arbitration?

The main advantage is closure. The parties know that at the end of the day(s) there will be a decision which is final. As there can rarely be an appeal, the decision is truly final. The other advantage is that one can have an arbitrator who is experienced and knowledgeable in the subject matter of the conflict make a fair and informed decision.

What are the differences between mediation and arbitration?

Arbitration does not allow the parties to retain control of the conflict resolution process. It may be more costly than mediation, as attorneys may wish to conduct a considerable amount of discovery prior to an arbitration. The parties cannot use their own creative problem-solving skills as they would in mediation. They are bound by the decision of the arbitrator(s). However, in some circumstances, arbitration may be the best alternative dispute resolution process available to the parties.

Often times parties will arrange for an arbitration but then decide they would rather have a mediation. Our panel of arbitrators are also skilled mediators.

Where does the arbitration take place?

The Mediation Group Case Manager will help the parties choose the most comfortable setting for the arbitration hearing to take place. This is largely dependent on the number of parties and the estimated length of the arbitration. The Case Manager will see that all necessary amenities are in place at the time of the arbitration.

What rules does The Mediation Group of Tennessee use in its arbitrations?

We have a set of rules that are fairly simple and practical to administer. By its nature, arbitration is a process based upon contract. Your specific contract may specify the venue, number of arbitrators, the types of discovery, the jurisdiction and a reference to specific set of rules. The parties may agree to any set of rules they agree to or make additions to our rules. The arbitrator will discuss these issues at the pre-arbitration conference. For a copy of our rules press here ARBITRATION RULES.doc

The Mediation Group of Tennessee • 2809 Wimbledon Road • Nashville, TN 37215 • Phone: 615 292-6069

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