ARBITRATION: A SUBSTITUTE FOR COURT LITIGATION
What is Arbitration? Simply put, Arbitration is a private method to resolve disputes where a single person, the Arbitrator (or a Panel of three Arbitrators), hear evidence (with less formal rules being applied), have an opportunity to review written submissions, evaluate creditability of witnesses, apply the law, and render a decision that is enforceable in a Court of general jurisdiction. Generally, there is no appeal of an Arbitration Decision, but a party to the Arbitration may go to Court to have the Arbitrator’s decision vacated based upon specific statutory reasons. However, it is very rare for an Arbitration award to be over-turned by the Courts.
Arbitration, if required by the terms of an Agreement, will be ordered by the Courts under normal circumstances. Parties may voluntarily agree to binding or non-binding Arbitration, or, pursuant to some state law provisions, a Judge may order the parties to Arbitration. There are professional associations that have panels of arbitrators and that administer the entire arbitration process. Consumers should compare the cost of using one of the Professional Arbitration Associations with the cost of using Stephen B. Cohen, who is an experienced arbitrator and litigator, as the Arbitrator for their dispute. It is perfectly acceptable for parties to a dispute to choose Mr. Cohen as an Arbitrator and agree to apply the rules of one of the professional organizations.
Based upon Mr. Cohen’s experience in Real Estate, Probate, Condominium, Eminent Domain, Bodily Injury and Contract law, he has the necessary qualifications to Arbitrate these legal matters. In addition, Mr. Cohen has ben involved in Sports law Arbitration. Mr. Cohen was a highly regarded High School, College and Masters’ athlete, and, as such, has unique insight into matters involving athletes, coaches, and sports organizations.
To arrange your Arbitration, call Stephen B. Cohen at 219-836-1171 or 847-530-3637. You may review Mr. Cohen’s resume at “www.stephenbcohenlaw.com.” Mr. Cohen is an “AV” rated attorney in Indiana and Illinois by Martindale Hubbell.
WHAT TYPE OF LEGAL MATTERS ARE BEST RESOLVED BY ARBITRATION
ARBITRATION has been the principle way to resolve International commercial disputes, Construction Industry disputes, and complex multi-state matters. Uninsured Motorists claims, according to the language of the Insurance Policies, are normally resolved by Arbitration. In addition, there are some jurisdictions that require non-binding Arbitration on small claim cases or commercial cases with specific for values (see the new Circuit Court of Cook County, (Illinois) Law Division Pilot Program for Commercial cases with damages of $75,000 and under).
There is nothing to prevent parties in costly litigation to waive a jury trial or to cut the time period for the matter to be set for trial by mutually agreeing to consider Arbitration as an alternative dispute resolution. The acceptance of Arbitration should result in less discovery, stipulations to the presentation of some evidence by affidavit, use of telephonic testimony, or other less stringent evidentiary rules and use of deposition testimony. From the Defense point of view, Arbitration may result in more reasonable results or awards. From the Plaintiff’s prospective, the time, stress and cost savings to the Plaintiff may give the Plaintiff the incentive to agree to Arbitration. In the over-all analysis, the use of Arbitration to resolve suits for damages (automobile accidents, malpractice and professional liability cases, uninsured motorists disputes and wrongful death cases) is a win-win solution compared to costly and lengthy litigation. In addition, more complex contract, construction or other legal issues may be decided by a knowledgeable Arbitrator with specific expertise.
To schedule your damages case for Arbitration, call Stephen B. Cohen at 219-836-1171 or 847-530-3637 to schedule the time and place for your Arbitration. Alternatively, you may contact Mr. Cohen at [email protected] (please reference Arbitration.com in the subject matter of your email). For Mr. Cohen’s resume, please visit “www.stephenbcohenlaw.com.” Mr. Cohen is an “AV” rated attorney in Indiana and Illinois by Martindale Hubbell.
The construction industry is one of the largest and most diverse in America and it is no surprise disputes arise on a daily basis. Resolving construction disputes with litigation is risky because it puts the resolution of the dispute into the hands of a judge or jury, is expensive and time-consuming and may result in projects being placed on hold and delayed for significant periods of time.
Arbitration provides a better alternative for resolving construction disputes. These disputes are often complex and having an Arbitrator familiar, not only with local, state, and federal laws, but also the construction industry practices, can be a major benefit. Stephen B. Cohen is experienced in dealing with construction disputes. He is familiar with General Contracts, Construction Management Agreements, AIA contracts, Subcontractor Agreements and their scope, Design Agreements, and Agreements using Construction Contract terminology. During his more than fifty years of legal experience with respect to construction related disputes arising in the Chicago, Indianapolis and Northwest Indiana areas, Mr. Cohen is ideally situated to act as your Arbitrator.
Many construction contracts contain Arbitration provisions. While some of these contracts designate the arbitration rules to be followed, naming an Arbitrator is subject to the mutual agreement of the parties. In addition, if the contracts may be extended to cover sub-contractors, vendors and other potential parties, all construction dispute issues may be subject to the same binding arbitration.
If you are looking for an Arbitrator who has represented Construction Managers, General Contractors, Developers, Owners, Architects, Sub-Contractors and other parties in the Construction Industry, then Stephen B. Cohen is the right person to engage as your Arbitrator. Mr. Cohen is a licensed attorney in Indiana and Illinois and is also available for National or International Arbitration related matters.
For more information or to schedule a consultation to discuss construction Arbitration contact Stephen B. Cohen at 219.836.1171, 847.530.3637 or by email at [email protected]. Additional information about Stephen B. Cohen may be found at www.stephenbcohenlaw.com.