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Arbitration, Arbitration Mediation
Arbitrators,   Arbitration lawyers
Napa Valley, San Francisco North Bay, Ca. USA

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Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed will be final and binding. Arbitration is not the same as:

judicial proceedings, although in some jurisdictions, court proceedings are sometimes referred as arbitrations
alternative dispute resolution (or ADR) expert determination
mediation

Advantages of arbitration
Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings:

when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed arbitration is often faster than litigation in court arbitration can be cheaper arbitral proceedings and an arbitral award are generally private
the arbitral process enjoys a greater degree of flexibility than the courts because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce abroad than court judgments in most legal systems, there are limited avenues for appeal of an arbitral award, which can mean swifter enforcement and less scope for a party to delay matters.
 

 

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Alphabetical Listings

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Herdell & Yost LLP
Rebecca Yost
1030 Main St # 215, St Helena, CA 707 967-1199

Jean Barstow
Jean Barstow
830 School St, Napa, CA 707 251-9021

Kayfetz Mc Intyre & Elliott
Linda Mc Intyre
816 Brown St, Napa, CA 707 255-2444

Saxon Leonard Law Firm
Saxon Leonard
1001 2nd St # 345, Napa, CA 707 257-5378
 
 
 
 
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  However, some of the disadvantages of arbitration can be that:

the parties need to pay for the arbitrators, which adds an additional layer of legal cost (however the online company mentioned above, net-XYZ.com, virtually eliminates the cost factor with most cases being heard for only $95)
although usually thought to be speedier, when there are multiple arbitrators on the panel, juggling their schedules for hearing dates in long cases can lead to delays (but again, with net.XYZ.com this is not a problem since hearings take place in virtual-time instead of real-time)  in some legal systems, arbitral awards have fewer enforcement remedies than judgments
arbitrators are generally unable to order interlocutory measures against a party, making it easier for a party to take steps to avoid enforcement of an award, such as the relocation of assets offshore rule of applicable law is not binding, and arbitrators not subject to overturn on appeal may be more likely to rule according to their personal ideals (which could be a good thing as cases are decided on merit rather than technicalities - net-XYZ.com employs equity-based rulings)

Arbitrability

By their nature, the subject matter of some disputes are not capable of arbitration. Matters relating to crimes, status and family law are generally not considered to be arbitrable (net-XYZ.com will arbitrate post-marital disputes arising out of unclear or ambiguous divorce and separation decrees). However, most other disputes that involve private rights between two parties can be resolved using arbitration. In some disputes, parts of claims may be arbitrable and other parts not. For example, in a dispute over patent infringement, a determination of whether a patent has been infringed could be adjudicated upon by an arbitration tribunal, but the validity of a patent could not (as patents are subject to a system of public registration, an arbitral panel would have no power to order the relevant body to rectify any patent registration based upon its determination
 
 
 
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