Construction Defect Lawyer California – What You Should Know About Arbitration

An issue that has been coming up recently in our practice is the use of arbitration. Arbitration is the process of using a neutral and private third party, as opposed to the court system to resolve disputes. Generally arbitration is invoked through the use of an arbitration clause in a contract and these days it is almost guaranteed that you are party to a contract that includes an arbitration provision. Some examples of typical contracts using arbitration clauses are those involving cell phones, credit cards, employment and even home purchases and homeowners associations, which is where arbitration shows up in our practice.

Now there are some pros and cons to arbitration that should be considered before agreeing to arbitrate:

Among the pros: (1) Arbitration is private and proceedings are not part of the public record, unlike court, (2) arbitration is generally quicker than our overworked court system, (3) resolution is generally final and certain, (4) the costly discovery process is much more limited and thus can be less costly.

Among the cons: (1) You give up your right to a jury trial in arbitration, (2) arbitration can actually cost more because arbiters charge by the hour, unlike judges, (3) the rules of evidence do not apply, which means the arbiter may consider evidence that would never make it into court, (4) there is generally no appeals process, meaning if you get a bad decision you’re stuck with it.

There are many factors to consider and so if you have questions about arbitration, whether you are considering entering into a contract that includes one of these clauses, you are weighing invoking your right to arbitration, or you’ve been given a notice of arbitration, you can contact the construction defect lawyer California of Schoech Law Group for a free consultation.

Call us now at (916) 569-1940 to speak with a Sacramento construction defect lawyer at a no-cost consultation. Let us help you protect your home!

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