|
To achieve the maximum benefits that arbitration can provide, the three following components are required:
- Complete and self-executing procedural rules that balance fairness with efficiency;
- High quality arbitrator(s) with expertise in the subject area of the dispute;
- Reasonable costs.
Arbitration Service of Portland is the only Oregon arbitration organization that provides all three of these critical components throughout Oregon.
Arbitrations that are not administered by an arbitration organization subjects the parties to greater risks, delays, expense, and the potential involvement by a court if one of the parties is uncooperative or if the parties cannot agree upon an arbitrator. It is important to remember that private arbitration is a substitute for formal litigation's vast array of procedural rules. The administration of the arbitration by an arbitration organization ensures an efficient beginning-to-end processing of the dispute and the existence of a supervising procedural umpire. An ASP administered arbitration provides the following benefits and services to the parties and their attorneys:
|
*
|
Procedural rules that are self-executing (which means that an arbitration may be initiated, conducted, and concluded without the necessity of applying to a court and in spite of the stubbornness, non-cooperation, or non-participation of the other party);
|
|
*
|
A list of proposed arbitrators (prescreened for expertise in the subject area of the dispute) and an arbitrator selection method;
|
|
|
A procedure to ensure (to the extent possible) that the arbitrator has no conflict of interest;
|
|
|
Preparing and overseeing the execution of an oath by the arbitrator;
|
|
*
|
Resolving any challenges against the arbitrator, including those that may arise during a hearing or prior to issuing an award;
|
|
*
|
A procedure to replace an arbitrator (especially on short notice) in the event of sudden unavailability to conduct a hearing or in the event of self-recusal or a successful challenge to the arbitrator;
|
|
|
Setting the arbitrator compensation and determining any compensation disputes between the arbitrator and the parties;
|
|
*
|
Answering procedural questions and scheduling questions without risking the potential taint of an ex parte contact with the arbitrator;
|
|
|
A procedure for the scheduling of the hearing; and
|
|
|
Determining the place (city for the hearing).
|
* It is important to note that the asterisked items can be performed only by an arbitration organization, which acts as a supervising umpire.
|