Utah Arbitration Services
Arbitration is another form of resolving disputes outside the courtroom. Although arbitration is less formal than a hearing, it is still more formal and complex than mediation. Most arbitration cases occur because it was previously agreed to by both parties in a clause of a contract. The way arbitration is set up largely depends on the details of the contract. Regardless of the stipulations, both parties will present their case to an arbitrator who will make a final decision which can be either binding or nonbinding.
If a case is binding, it may not be presented in a court hearing with the exception of criminal activities which may be subject to a court ruling. In nonbinding arbitration, after a decision has been reached by an arbitrator, both parties must agree that the decision is binding; otherwise, they may take the case to trial and go through formal court proceedings. At this point the arbitrator’s decision may be overturned by a formal court.
If you have questions about arbitration please call the office of Thomas V Rasmussen (801)484-3000