Denver Arbitration Lawyer

Denver Arbitration Attorney

Legal disputes over real estate, divorce, and property division can be lengthy and complicated for the average individual. You likely intend to have your legal problems resolved with as little hassle as possible, and you may want to prevent your case from entering litigation. Fortunately, there are alternatives to litigation that you should consider using. A Denver arbitration lawyer can advise you on the process and offer legal advice every step of the way.

Arbitration may be necessary to resolve legal disputes you may be having against another party, and this process is often used for divorce cases. Our staff at Kinnett & Cordes have the skills and experience needed to represent clients who request arbitration.

What Is Arbitration?

Arbitration is a type of alternative dispute resolution (ADR) that requires both parties to present their case to an impartial third party, called the arbitrator. They can then consider both parties’ circumstances and finalize a decision, legally known as an award, which can include monetary compensation, legal fees, and injunctions. An injunction is a court order that requires a party to stop continuing an action that is invading the legal rights of others.

Arbitration has three forms: binding, mandatory binding, and non-binding arbitration. A binding arbitration means that the award they choose is final, while non-binding allows parties to reject the arbitrator’s terms and attend trial. Mandatory binding essentially forces couples to arbitrate their case, and they give up their right to sue.

Because legal proceedings can be costly and time-consuming, some couples opt to hire an arbitrator for their case. While this is less formal than going to trial, it isn’t as formal as other ADRs, such as mediation. Also, arbitration is usually performed if parties don’t want to hire a litigation lawyer to resolve their case in court. Arbitrators are neutral when considering the information presented to them, which can make final decisions more fair.

Are Arbitration and Mediation the Same?

Arbitration and mediation have a few similarities, but these are two different processes entirely.

Mediation allows people to work through their problems and reach a solution that both parties can agree on. The person facilitating the discussion, the mediator, does not have the legal authority to make a final decision for the parties. If an agreement is reached, the mediator creates a document that can be filed with the court and turned into a final order. This prevents the need for litigation.

However, it gives someone the legal authority to finalize a decision in a legal dispute. These decisions act as court orders, and it doesn’t require the parties to come together and reach a conclusion they both agree with. While both arbitration and mediation allow for both parties to explain their side, arbitration allows someone to make a final call that both parties must accept.

Mediation and arbitration can each be beneficial under certain circumstances. However, people involved in significant disputes over matters such as property division, problems at work, or divorce should consider arbitration. Along with going through the process, they should find a trustworthy arbitration lawyer who can represent them and protect their rights.

Benefits of Arbitration

When parties can’t make an agreement on matters such as child custody, the case could go through arbitration. All three types of arbitration come with benefits that could streamline your case and ensure you reach a fair result. These benefits include:

• Cost-effective process. Arbitration doesn’t need the same level of preparation that you would need for a litigation case. Also, because this process isn’t as formal as a trial, you have more flexible scheduling, so you can go through this process when you are able to. You can save money by having your case arbitrated, as you won’t have to spend additional finances on litigation lawyers, for instance.
• Private discussions. Trials aren’t private, and they are heard in open court. Information shared in trials isn’t confidential, but arbitration proceedings allow you to keep the case more private. There may be details surrounding your case that you may want to keep private, and the arbitrator is allowed to do so. This also includes the award the arbitrator chooses.
• Additional control. In a trial, you can’t choose your judge, and if they seem biased toward the other party, this can be frustrating. However, arbitration can prevent this from occurring, as the arbitrator is neutral and experienced on the subject matter in question. For example, if you’re involved in a real estate dispute, your arbitrator, who is well-versed on the topic, can hear both sides and make their decision.
• Argument prevention. Any legal matter can become adversarial, but arbitration can prevent arguments from arising. Parties can maintain better relationships this way, as a neutral party can use their knowledge of the topic, as well as the information gained from each party, to make an informed decision.
• Finality. As mentioned previously, binding arbitration allows a final decision to be made. Some parties may wish to have their legal matters resolved quickly yet fairly, and arbitration allows this to happen. Legal disputes can be distressing, but this resolves your disputes and gives your case closure.

Arbitration comes with many unique benefits that many people find intriguing. However, there are drawbacks to this process you must consider as well.

Drawbacks to Arbitration

Arbitration in Denver may be advantageous to many parties, but there are a few disadvantages you should be aware of. Not every drawback listed below may apply to you, but they’re worth considering regardless. Some disadvantages of arbitration may include:

• No rules of evidence. Arguably, the biggest disadvantage of this process, arbitrators do not have to abide by the rules of evidence. Rules of evidence are the rules that a court uses to decide what evidence is admissible in a trial. However, arbitrators are not bound by these rules, meaning they can accept evidence that hurts your case, even if it’s evidence that wouldn’t have been admissible in trial.
• More costly than mediation. While arbitration can save money over litigation, mediation and negotiation are cheaper options. If you’re involved in non-binding arbitration, you may not be guaranteed any awards. After spending a fair amount of money on arbitrators, the last thing you want to happen is to not obtain any compensation.
• No ability to appeal. For binding arbitration, you cannot appeal the decision made by the arbitrator. There are rare cases where this is allowed, such as if there is evidence of undue influence. However, you generally cannot appeal an arbitrator’s final decision. Some parties may like the finality involved in arbitration, but others may wish they could appeal a decision if they disagree.
• No transparency. Arbitrators do not have to legally provide reasons for their decisions, and they can keep their opinions about your case private. This does mean, however, that you have limited ability to review their decision and determine how they arrived at their conclusion.

While there are a few drawbacks, the process can still be an effective way to end your legal disputes and move forward from your case. The process as a whole may be confusing to understand and walk through, especially on your own. Fortunately, you can hire a Denver arbitration lawyer to assist you through the process.

Why Hire an Arbitration Attorney?

While technically not mandatory, it helps tremendously to hire an arbitration lawyer to advise you through your process. Some people may neglect hiring legal representation due to the cost, but the benefits of hiring a lawyer may outweigh the cost completely. If your case is resolved by the arbitrator, but you disagree with how they reached their conclusion, you won’t have the chance to appeal. It is highly advised you hire a lawyer who can ensure a desirable outcome.

There are three main reasons you should hire an arbitration lawyer if you have agreed to go through this process.

1. You have no legal experience. Our team at Kinnett & Cordes has defended several clients who had no way to defend themselves or make cohesive arguments. If you want to win your arbitration case, you need to have clear arguments and evidence. If you can’t persuade the arbitrator to agree with you, you may not earn any awards. Arbitration lawyers both understand the law and know how to craft clear arguments.
2. Your legal rights could be impacted. Binding arbitration, in particular, could affect your legal rights. Because you won’t have a chance to appeal the decision, you need to make sure your rights are upheld in the process. Your lawyer can prevent your rights from being violated in the process, and they can advise you on what to say or do if necessary.
3. The other party is a place of employment. Businesses and employers know how to present their cases if an employee is disputing something in a contractual agreement. They usually have additional resources to present their case that employees may not have. Arbitrators typically favor businesses in these cases, but an arbitration attorney can help you make your case against them.

These are the three main reasons people seek arbitration lawyers, and we have the experience necessary to provide you with these benefits.

FAQs

Q: Should I Get a Lawyer for Arbitration?

A: We would highly recommend you hire a lawyer if you’re going through arbitration in Denver, Colorado. While this isn’t required, a lawyer can help ensure your arguments are clear and that you have the most optimal evidence possible. Some parties forgo hiring a lawyer, only to have problems presenting their case. To avoid unnecessary risks, such as the inability to appeal the final decision, hire an arbitration lawyer you can trust.

Q: What Do Arbitration Lawyers Do?

A: Arbitration lawyers help present your case to the arbitrator, which helps you reach a desirable outcome and potentially earn awards such as financial compensation or an injunction. For instance, if a couple is having a dispute over child custody arrangements, each party can present their cases and evidence to convince the arbitrator to side with them. A lawyer is responsible for helping make these pitches clear and persuasive by offering their knowledge of the topic.

Q: Is Arbitration Cheaper Than Mediation?

A: Arbitration is more costly than mediation, as mediation is not legally binding. In mediation, both parties can reach a consensus after discussing the issue with a third party. However, arbitration allows a neutral party to make a final decision that cannot be appealed. Because of the added risk, people usually pay more to hire legal representation for arbitration. With this said, both options are cheaper than going through litigation in court.

Q: How Can I Appeal an Arbitrator’s Decision?

A: In almost every situation, you cannot appeal the decision by an arbitrator. There are ways the decision can be modified or vacated, but this is quite rare. For example, if you can prove that the other party involved pushed the arbitrator to make a decision not using their own free will, then you can present this in court and have the decision modified. If you do find yourself in this situation, be sure to speak with legal representation immediately.

Kinnett & Cordes Can Help

Arbitration can put an end to any legal disputes you’ve found yourself in. The process is intended to be fast and fair, and it gives you the ability to present your case as to why you deserve compensation or other awards. You likely don’t have the legal experience needed to defend yourself effectively, and this could result in a decision you don’t agree with. Hiring our team at Kinnett & Cordes can ensure you don’t experience this.

When you contact our team, we’ll begin gathering evidence that’s relevant to your case, and we’ll use this to form a defense for you. We’ll walk you through the arbitration process and advise you on what to do. We have several decades of experience convincing arbitrators to consider our clients’ cases, and while the process can be challenging, we’ll work diligently to reach an outcome you can accept.

To learn more about what we can do for you, contact Kinnett & Cordes today.