What is Arbitration?
Arbitration is a decision making process, similar to court. The advantages of arbitration over the court process are that it is quicker, less expensive and less formal. The arbitrator will listen to the witnesses called by each side, review all the evidence filed at the hearing and make an order that is binding on both sides.
Less formal than a regular court hearing, a panel of experienced attorneys will hear both sides of the story. Each spouse will have the opportunity to disclose all information necessary to prove his or her claims. Legal counsel must represent each side, and the decision reached by the panel is final. The decision may then be included to the divorce petition to become part of the final divorce decree.
Florida has two different arbitration programs, a manufacturer-sponsored arbitration program, and the Florida New Motor Vehicle Arbitration Board, run by the Attorney General. The Florida Lemon Law provides that manufacturers may set up arbitration programs. These programs receive consumers’ complaints and are supposed to attempt to resolve the legitimate ones prior to a lawsuit being filed with a Court of Law. If the manufacturer has properly set up such a program and it is certified by the Attorney General of Florida, then the consumer’s case must first proceed through such a program. However, not all the manufacturers have such certified arbitration programs and many times the vehicle is ineligible for arbitration due to age or mileage, per the arbitration programs’ own rules. In those cases, the consumer may request arbitration with the Florida New Motor Vehicle Arbitration Board. Consumers qualifying under the Lemon Law must proceed through the Arbitration Board, but if a consumer
The New Jersey Lemon Law provides that manufacturers may set up arbitration programs. These programs receive consumers’ complaints and are supposed to attempt to resolve the legitimate ones prior to a lawsuit being filed with a Court of Law. If the manufacturer has properly set up such a program, then the consumer may choose to proceed through such a program before filing a Complaint with a Court of Law. The consumer may also choose to submit a dispute to the state-operated arbitration program. However, arbitration is not mandatory and the consumer may file a Complaint with a Court of Law without resorting to the arbitration procedure first.
Most State’s Lemon Law provides that manufacturers may set up arbitration programs. These programs receive consumers’ complaints and are supposed to attempt to resolve the legitimate ones prior to a lawsuit being filed with a Court of Law. If the manufacturer has properly set up such a program and it is certified by the Attorney General, then the consumer’s case must proceed through such a program before a Complaint may be filed with a Court of Law. However, not all the manufacturers have such certified arbitration programs and many times the vehicle is ineligible for arbitration due to age or mileage, per the arbitration programs’ own rules. In those cases, the consumer may file a Complaint with a Court of Law without resorting to the arbitration procedure first.
Related Questions
- What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding CN domain names or Chinese domain names?
- What are the steps in the arbitration process in regard to a dispute involving a .hk domain name?
- What Is The Difference Between Court And Arbitration?
