Arbitration

Practice Areas

Practice Areas

Arbitration

Not every dispute is resolved through a lengthy and costly lawsuit in the trial courts. Alternative dispute resolutions are often the favored means for resolving a conflict. These private proceedings are an important option for business disputes that are better handled out of the public spotlight. Indeed, many contracts have arbitration clauses written in as the only means for resolving the parties’ disputes. Our attorneys have successfully presented cases in all forms of alternative dispute resolution, whether through mediation or binding arbitration. We have secured multi-million-dollar awards for our clients before the American Arbitration Association in complex business disputes. We pride ourselves in our ability to present these complex matters in a clear, compelling and professional manner to the seasoned arbitrators to whom we have presented.

Frequently Asked Questions

What is arbitration and how is it different from going to court?

Arbitration is a private process where a neutral person (the arbitrator) hears evidence and arguments and issues a decision (called an award). It tends to be faster, more flexible, and more private than a traditional court trial. The rules are set by the agreement between the parties and sometimes by state or federal law.

Is arbitration binding or non-binding?

Usually parties agree ahead of time whether the arbitration is binding. If binding, the award is final and enforceable in court except in limited circumstances under state arbitration law. If non-binding, either party may reject the decision and still pursue litigation.

Can I challenge or appeal an arbitration award?

Yes, but only in certain cases and under strict rules. Under Massachusetts law, courts may vacate or modify an award for reasons like arbitrator misconduct, exceeding powers, or procedural irregularities. The standards are narrow.

What must an arbitration agreement include to be enforceable in Massachusetts?

It must be in writing and clearly show that the parties agreed to arbitrate disputes. It should identify how the arbitrator will be selected, what issues are subject to arbitration, how costs and fees will be allocated, and sometimes what rules or body will administer the arbitration.

What are the advantages and drawbacks of arbitration?

Advantages: speed, lower costs (often), more control over process, confidentiality, less formal rules, private hearings.

Drawbacks: limited appeal rights, possible arbitration fees, less discovery, arbitrator’s decision may leave less room for error correction than court decisions.