There may be many myths circulating the construction industry about the arbitration process, but the Jacksonville construction attorneys of Cotney Construction Law know all too well how successful an arbitration can be for disputing parties. Ultimately, we encourage you to see beyond the misconceptions of arbitration and to view it as an appropriate and flexible ADR for your construction disputes.
To learn about other arbitration misconceptions, please visit part one of our article.
Arbitration Provision Terms Are Set
Arbitration is known to be very successful, for this reason, many contractors hire a Jacksonville construction attorney to ensure their contracts contain an arbitration provision. Arbitrations are thought to be set in stone, but it is not uncommon for parties to alter their contract provision after the fact. At times it becomes necessary for parties to alter the terms of a provision after a dispute has occurred depending on the merits of the case at hand. Again, the flexibility of arbitrations is why this ADR is so attractive.
Arbitrators Are Incompetent
Just because the arbitration process is more informal than a litigation, does not make it less legally binding. Likewise, arbitrators selected for the case must abide by Florida laws when arbitrating cases. Reputable arbitrators should possess construction industry expertise and provide a level of expertise equal to or greater than that of a judge. Due to the need to scrutinize damages, liability, decision-making, and awarding, an arbitrator must be unbiased and highly credible to execute sound judgment on the behalf of both parties. Furthermore, the American Arbitration Association (AAA), a leading provider of ADR services, provides a comprehensive guide for the qualification of arbitrators for membership selection.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.