Arbitration is a private trial. Two parties in a dispute may agree that instead of going to a court and proceeding to a trial in front of a judge, or a judge and jury, the better way to resolve the dispute is to arbitrate. Both parties select a person or a panel of people to act as decision makers. The rules of evidence are often relaxed, and each party submits its evidence for the arbitrators to review in making a decision.
Some court cases in Oregon will go to mandatory arbitration, and if either party is not satisfied with the result, he or she can appeal to the Circuit Court for a trial. This is a form of "non-binding" arbitration. Other arbitrations occur as a result of a dispute over auto injury claims, like an Uninsured Motorst claim. If both parties agree, these disputes go to arbitration, and the arbitrators' decision is the final word. There are no appeals, and this is "binding" arbitration.
Whether to file your case in court, or to agree to arbitration is a decision that rests upon many factors. If you are looking at this decision, and have questions, give us a call at 503-325-8600. We have experience taking cases to arbitration, or trial.
