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What is a pre-dispute arbitration agreement?

A pre-dispute arbitration agreement is an agreement made by parties in a contract before any issues or problems arise. The agreement mandates that any disputes that the parties have will be handled not in a court system, but through binding arbitration. Such contracts are extremely common in business transactions. Insurance companies, cell phone providers, car companies or any other corporation or business entity may include an arbitration agreement with customers.

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What is a strict liability cause of action?

Strict liability is a legal doctrine that makes a person or company responsible for their actions or products which cause damages regardless of any intent on their part. A plaintiff filing a personal injury lawsuit under a strict liability law does not need to show intentional or negligent conduct, only that the defendant’s action triggered strict liability and that the plaintiff suffered a harm. Whether or not a tort action is considered strict liability and what damages are appropriate will depend on your state law, so consult an experienced personal injury attorney prior to filing a strict liability claim.

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What is an arbitration agreement?

An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract. The dispute may be about the performance of a specific contract, a claim of unfair or illegal treatment in the workplace, a faulty product, among other various issues. People are free to agree to use arbitration concerning anything that they could otherwise resolve through legal proceedings.

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Should I appeal the trial court’s decision in my case?

The decision to appeal a case rests on several factors. The most realistic factor to consider is the extended length of time the case will consume and the emotional strain you will experience if you appeal. On average, most civil cases take two to three years for completion in the courts. An appeal will typically take another full year, and might not receive the verdict desired.

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How are court judgments enforced?

A judgment is the official decision of a court of law in a lawsuit. A final judgment resolves the issues involved in the lawsuit, and determines the rights and obligations that each party in the lawsuit has. That ruling becomes legally enforceable and the act taken by the party who is owed money by the other party is called judgment enforcement.

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How do I find a mediator?

There are several good ways to find a mediator to assist you if you are interested in trying this form of alternative dispute resolution (ADR). There are a number of websites on the Internet that will connect you to mediators. You may also wish to ask your attorney for a referral to a mediator who specializes in the subject you are hoping to resolve through mediation, or to contact your local court for referrals.

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Do I need a lawyer for mediation?

If you have filed a lawsuit, you should not agree to any settlement without advice from a lawyer who represents you and your interests. While you may choose to mediate without a lawyer being present, it is generally not a good idea. A lawyer representing you at the mediation can advise you as you consider different options.

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