ARBITRATION looks more like an informal trial.  Both sides present their case, including evidence and arguments, to a neutral arbitrator, who then renders a decision just as a judge would in court.  In Maricopa County, Arizona, cases seeking less than $50,000 in damages are required to go to an arbitrator.  The arbitrator’s decision, however, generally may be appealed to the Superior Court by either party.  In some cases, where the parties have agreed by contract that a case will go to binding arbitration rather than to a court, the arbitrator’s decision may be final, with no rights of appeal.  Be aware of such arbitration clauses in contracts.

This first post will address something that I have told nearly all of my clients:  Litigation is usually expensive, lengthy, and takes an emotional toll; therefore, suing someone is a decision that should be made with care.  Even in a case where you believe you are 100% right and have obviously been wronged, you will not be spared the expense and effort required by litigation.  The other side almost always believes in its position as much as you do.  Cases can easily take two years or more to litigate.  Some claims allow the winner to recoup its attorneys’ fees from the loser, but the litigant still must be able to fund the litigation until a winner and loser can be declared.  And there are no guarantees.  Why do I tell you this?  After all, I make my living representing people who DO want to litigate.  I tell you this because I don’t want anyone getting into something they regret.  I want litigants to be as prepared as possible for what lies ahead.  I want litigants to make an informed decision, so that once they decide to go to court, they’re all in.  I want litigants to have reasonable expectations and I want those expectations to be met.  I have seen many people cause themselves a lot of suffering because they made decisions about litigation with their emotions—especially anger.  Litigation is a financial/business decision and should be treated as such.  In many cases it makes sense, and thank goodness we have a justice system that allows litigants to bring claims against those who have wronged them.  Such a decision, however, should always be made with one’s head and not one’s heart.  Indeed, one of the benefits of having a lawyer is to help clients manage their emotions—to give them just the facts and probabilities, or, in other words, to help them use their own heads.  Here’s to a year full of smart decisions!