Arbitration Agreements

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What is a post-dispute arbitration agreement?

A post-dispute arbitration agreement means that an issue has arisen that could lead to litigation, but the parties instead decide to make an agreement to submit the case to binding arbitration. A post dispute arbitration agreement is different from a pre-dispute arbitration agreement or arbitration clause found in a contract, because a pre-dispute agreement is used before and in case an issue arises. A post-dispute arbitration agreement is used afterward.

A post-dispute arbitration agreement means that an issue has...

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What is a pre-dispute arbitration agreement?

A pre-dispute arbitration agreement is an agreement made by parties in a contract before any issues or problems arise. The agreement mandates that any disputes that the parties have will be handled not in a court system, but through binding arbitration. Such contracts are extremely common in business transactions. Insurance companies, cell phone providers, car companies or any other corporation or business entity may include an arbitration agreement with customers.

A pre-dispute arbitration agreement is an agreement made by ...

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What is an arbitration agreement?

An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract. The dispute may be about the performance of a specific contract, a claim of unfair or illegal treatment in the workplace, a faulty product, among other various issues. People are free to agree to use arbitration concerning anything that they could otherwise resolve through legal proceedings.

An arbitration agreement is a written contract in which two ...

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Is a binding arbitration decision really binding?

Unlike the regular court system, binding arbitration does not provide for an appeal. Rather, the arbitrator simply hears the evidence and grants an award with an explanation, the arbitration decision. If the result of a binding arbitration is inaccurate and both parties are willing to acknowledge the inaccuracy, then the arbitration will no longer be binding. If only one party feels the decision is inaccurate, the arbitration decision will most likely still stand unless the opposing party takes further legal action.

Unlike the regular court system, binding arbitration does no...

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Am I bound by an arbitration clause in a preprinted contract?

Usually, you are going to be bound by an arbitration clause, even if the agreement or the clause itself wasn't expressly negotiated. Arbitration clauses have become very common and courts, on the whole, will tend to enforce an arbitration clause except in rare cases.

Usually, you are going to be bound by an arbitration clause,...

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What if I have an arbitration agreement and the other side sues me?

If someone has violated your mandatory arbitration agreement, submit a letter to court informing the court of the agreement. Include a copy of the agreement in the letter. The court reviews the request and either stays or dismisses the case entirely.

If someone has violated your mandatory arbitration agreement...

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