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The Judicial Arbiter Group, Inc. conducts binding arbitration hearings pursuant to the appropriate statutory arbitration provisions in the jurisdiction in which the dispute has arisen. Generally, JAG arbiters conduct arbitration hearings according to the familiar Rules of Civil Procedure and Rules of Evidence, but can customize a format with agreement of the parties. If contractually obligated, and the parties choose, they may also utilize AAA rules.
Arbitration hearings can be conducted in several ways depending upon the desires of the parties and the particular nuances of the instant case. These methods include the traditional trial to the court utilizing a single arbiter, the arbitration panel in which the hearing is conducted before a panel of fact finders, (usually three arbiters) and use of a summary or mock jury trial in a binding format in which the parties have entered into a Contract to Arbitrate that provides for the enforceability of the jury decision.
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The most common method of arbitrating a dispute is by the use of the single arbiter replicating a non-jury trial in the traditional court system. This approach provides counsel with a clear, concise method of resolving the dispute. It could be particularly advantageous when questions of liability, intricate legal issues or minimizing litigation costs are paramount. Counsel can limit the uncertainty of this method by entering into one of several types of confidential side agreements such as the "high/low split" or the "baseball" arbitration agreement. In the high/low split counsel agree upon a high and low evaluation usually based upon previous settlement negotiations. The arbiter's award falls within the high/low range or the award is amended to the high or low amount set by the parties. In a "baseball" arbitration format the arbiter is given two figures prior to the presentation of the case and decision-making responsibility is limited to choosing one of the parties submitted valuations. This is effectively an "either/or" scenario.
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The use of the arbiter panel more closely resembles the traditional arbitration panel with the important exception of the exclusive use of former trial judges. It provides broad-based experience and input into the trial process, particularly on issues involving both liability and substantial damages. While this method is extremely effective in complex litigation of substantial economic impact, it is probably too costly to be used in other types of litigation. The Judicial Arbiter Group staff is also available to serve on panels composed of attorneys and industry or trade professionals to provide the legal and judicial background necessary to the resolution of complex commercial or personal injury disputes. As a general rule, arbiter staff of JAG will only serve as the third,'neutral' arbiter on three-person panels and will refuse appointment by only one of the parties involved in the case. |
