why the defender attorney make deputation before the arbitration

What is the Attorney’s role in the arbitration process?

cases, we have come across numerous mistakes attorneys make – in cases large and small – mistakes that can negatively affect the time the arbitration takes, the cost of the process, and even more significant from the clients’ point of view, the outcome. To help attorneys recognize the mistakes they are making when

What happens at the end of an arbitration case?

Oct 12, 2015 · Opportunities to exercise discretion arise at every stage of a criminal case: before the inception of a case, during plea negotiations, and even at sentencing. Prosecutors can control whether to file an information charging the accused, or nolle prosequi. Similarly, the State can decide to send the accused to a pre-trial intervention program to ...

Who will decide what with respect to arbitration?

Can an attorney blame the arbitrator for a bad selection?

What happens if the defense counsel points out weaknesses that the intake prosecutor did not consider?

For all these reasons, if defense counsel can point out weaknesses that the intake prosecutor did not consider, or convince the prosecutor that further proceedings would not be in the interests of justice, a prearraignment meeting between the defendant's attorney and the prosecutor may result in the case being derailed before arraignment.

Why do intake prosecutors analyze cases?

First, in most parts of the country, intake prosecutors (not the police) are supposed to analyze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice . Frequently, however, the caseload is so heavy that reviews are cursory, and weak cases sometimes slip into the pipeline. If an attorney who is well known to the courtroom prosecutor can convince that prosecutor of the weaknesses in the case, the case may get dismissed.

Why was Redd Emption arrested?

He was arrested when the airport metal detector revealed the gun. Redd has no prior arrests. The only reason that he had the gun in the first place is that a series of robberies had taken place in his apartment building, and his father had loaned him the gun for protection.

Why did Redd have a gun?

The only reason that he had the gun in the first place is that a series of robberies had taken place in his apartment building, and his father had loaned him the gun for protection. Redd is out on bail and is scheduled for arraignment in a week.

Why is courtroom docket crowded?

Especially in urban areas, courtroom dockets (schedules) are crowded. By quickly disposing of weak cases , prosecutors can devote the little time they have to more serious cases. And disposing of iffy cases early on spares the courtroom prosecutor of the embarrassment of showing up in court with weak cases.

What is intake prosecutors?

First, in most parts of the country, intake prosecutors (not the police) are supposed to anal yze cases to make sure that there is evidence of guilt and that prosecution is in the interests of justice. Frequently, however, the caseload is so heavy that reviews are cursory, and weak cases sometimes slip into the pipeline. If an attorney who is well known to the courtroom prosecutor can convince that prosecutor of the weaknesses in the case, the case may get dismissed.

What happens before arraignment?

Before arraignment, no one in the prosecutor's office has invested a lot of time or money in the case. With less invested, it's easier to let a weak case go.

What are the losses that a person would need to face in arbitration?

The losses they would need to face are the arbitration direct costs (such as arbitration fees and other expenses) and indirect costs (such as the loss of potential business with the opponent). If the person loses, they not only lose on the costs but also the amount of the settlement.

What happens if arbitration ceases?

If the arbitration ceases to exist, a potential gain would be a higher settlement amount (if one party was able to influence the opponent). However, the costs of settlement are still faced, and there is also a regret of not being able to meet the originally offered settlement.

What is arbitration in court?

Arbitration is a way to resolve disputes outside of court. No jury or judge is present in an arbitration proceeding; rather, there is an arbitrator who is present who makes the final decision, which is called the arbitration award. The award is legally binding on all parties of the hearing. The arbitrator is the neutral third party who is expected ...

What is preliminary hearing in arbitration?

Initially, the case is filed by the parties, and an arbitrator is selected. A preliminary hearing is held to understand the entire situation. One of the key aspects of arbitration is efficiency, and most parties want a swift and cost-effective decision-making process. The discovery process entails requesting information from ...

What is a post arbitration brief?

A post-arbitration brief is a short document drafting the arbitrator’s opinion and facts that support that opinion. Lastly, a final arbitration award is granted, which is normally binding on all parties.

What is the purpose of discovery process?

The discovery process entails requesting information from the parties to make a sound decision. A good arbitrator will keep the discovery process as efficient and cost-effective as possible and limit unnecessary discovery requests.

Why is arbitration not efficient?

Arbitration may not be able to solve complex issues or those related to public law. If the process is designed poorly, the costs can go up significantly, and the process may not be as efficient. The arbitration awards are not equivalent to a legal outcome.

How are arbitrators chosen?

How Arbitrators will be Chosen - Parties can choose to appoint arbitrators in a number of ways, including by agreement, selecting from a list of arbitrators, or via a process of elimination. Timelines for Arbitration - Rules can establish timelines for resolving a dispute, including when notices are provided, how long hearings last, etc.

What is the purpose of establishing rules and procedures in arbitration?

Establishing Rules and Procedures in Arbitrations. A contract that includes an agreement to arbitrate disputes typically outlines some key aspects relating to any potential future arbitration. The rules and procedures that will be used in an arbitration are typically part of this agreement. If an outside (third party) service will be used ...

Why is arbitration cheaper than litigation?

Once it is established that the disagreement will be resolved in an arbitration, the arbitration process itself begins, based on the rules and procedures selected by the parties or specified by contract. One of the reasons that arbitration is often thought of as quicker and cheaper than litigation is that the paperwork involved in ...

Why is arbitration important?

Arbitrations generally are intended to streamline the process and decrease the costs when compared to resolving a dispute in court. But, as noted above, arbitrations are not all run the same way. With some important exceptions, arbitration is generally thought to be more informal than litigation, and is typically intended to provide a more streamlined, time-saving, and cost-effective method for resolving potential legal disputes.

What is the rule for an arbitration hearing?

Once the hearing is concluded, an arbitrator or panel is given a certain amount of time in which to consider the decision and make a ruling.

What is the beginning of arbitration?

The beginning of the arbitration process involves one party giving notice to another of their intent to arbitrate a dispute, informing them of the nature and basis for the proceeding. The other party then gets a period of time to respond in writing, indicating whether they agree to resolve this dispute via arbitration.

What is the process of arbitration?

Parties make arguments before the arbitrator (s), call witnesses, and present evidence to establish and defend their respective cases. The rules for an arbitration hearing may differ from those of a courtroom, however, and opportunities to question or cross-examine witnesses may be more limited. Once the hearing is concluded, an arbitrator or panel is given a certain amount of time in which to consider the decision and make a ruling.

What are some myths about arbitration?

Myth one: Arbitrators do not make fair decisions. The first myth is that arbitrators tend not to make fair decisions for a variety of reasons . One of the phrases attorneys like to use is ...

What is the real problem with arbitration?

For many attorneys, the real problem with arbitration is not the loss of the right to appeal, but the failure to have an adequate record of the arbitration proceedings and the arbitrator’s reasoning in coming to a decision. In court, a court reporter is generally available to make a record and a record exists for trial.

What is the California Arbitration Act?

The California Arbitration Act provides that all persons who serve as neutral arbitrators in private arbitration must comply with ethical rules. 3 These rules, adopted in 2002, expanded the level of investigation and conflict of interest disclosures by arbitrators.

Why is arbitration better than trial?

Arbitration offers certain advantages over trial before a judge or jury. Scheduling tends to be more flexible. Arbitration can offer security and privacy for the litigants, who might otherwise find certain facts subject to public disclosure or to a business competitor with either a bench or jury trial.

What percentage of appeals result in a reversal?

However, as a practical matter, less than 11 percent of appeals result in reversal at the Court of Appeal. With such a small possibility of reversal on appeal in a litigated civil matter, the loss of the right to appeal may not be a legitimate basis for attorney bias against arbitration.

Can arbitrations allow discovery?

So the concern that arbitrations do not allow for discovery in most cases is legitimate. The flip side is that if we allow full-scale discovery and law and motion in arbitrated cases, then the cost and time-savings associated with arbitration evaporate. Myth Four: There is no ability to review an arbitration decision.

Can you use discovery in arbitration?

Many attorneys also believe that no discovery allowed in arbitration. This is not necessarily true. Limited discovery is allowed in the arbitration of employer-employee disputes involving an arbitration clause in a pre-employment agreement, 9 as well as some wrongful death, personal injury claims and insurance coverage matters. 10 Also to the extent the parties are engaged in a contractual arbitration, they can provide for the right to conduct discovery in the terms of the agreement. An arbitrator is bound by these provisions to some extent, but the right to discovery may also be affected by the arbitrator’s temperament.

Why do you need an attorney for arbitration?

The main reason you may wish to have an attorney represent you in arbitration proceedings is that it is a legal process that affects your legal rights. Additionally, in binding arbitration, you don't get a second chance, or the opportunity to appeal, if you don't like the outcome.

What is the role of an arbitrator in an arbitration?

The arbitrator hears both sides of the argument at the arbitration hearing, makes a decision, and issues an arbitration award. While there are specific arbitration rules, there are no formal rules of evidence or motion practice in arbitration. In other words, unlike court, you don't have to know the rules for collecting and submitting evidence, ...

Why do people put arbitration clauses in contracts?

One party might put an arbitration clause in the fine print as a way to protect themselves from courtroom lawsuits. Through this clause, the parties agree to arbitrate any disputes that arise and to not pursue the regular court process.

Why is arbitration so expensive?

Arbitration is appreciated as being less formal and expensive than litigation, though the price depends on the arbitrator used. Some can be very expensive. It is also believed to be a faster way to resolve disputes because the parties do not have to wait for their turn on the court's docket.

What is arbitration in court?

Arbitration is an alternative to litigation, the traditional court resolution process. It takes place outside of the courtroom, usually in a conference room. Instead of a judge, there is a neutral third-party arbitrator. Arbitration is appreciated as being less formal and expensive than litigation, though the price depends on the arbitrator used.

Can a lawyer help you with a race discrimination case?

It can be more difficult than people realize to present their case in a compelling way without legal advice. This is especially true if a law or statute applies in your case, such as an employment claim involving race, age, or national origin discrimination. A lawyer can help you create an argument that is supported by fact and law.

Can you do informal discovery in arbitration?

However, you may be allowed to do informal discovery (investigate your case and collect evidence) to produce relevant documentation. You might also take depositions (interview witnesses). Testimony during arbitration is given under oath, similar to in court.

What does the defendant concede about procedural arbitrability?

The defendant conceded that arbitrators generally decide issues of procedural arbitrability, including timeliness of an arbitration demand, but argued that under the terms of the CBA, the parties had agreed to submit all questions of arbitrability to the court. In particular, the CBA provided that “ [a]ny dispute as to the arbitrability ...

Why was Tower not required to arbitrate?

Tower separately instituted suit in district court seeking a declaration that it was not required to arbitrate because it had been fraudulently induced to issue the performance bond. Tower conceded that its allegations of fraud concerned the issuance of the performance bond in its entirety, and not the arbitration provision itself, but argued that submission of its fraudulent inducement claim to an arbitrator was “illogical” because “if a bond is void ab initio, then it never existed, and never incorporated the subcontract or the arbitration clause by reference in the first place.” The district court rejected the argument, basically relying on the Supreme Court’s decision in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006), which acknowledged that a party may be forced to arbitrate even pursuant to a contract that an arbitrator later finds to be void. The court concluded that Tower was therefore required to arbitrate its fraudulent inducement claims.

What did the franchisor sue for?

The franchisor then sued to compel the franchisee to maintain separate arbitration proceedings under each of its four separate agreements. The franchisee replied that it had filed a single arbitration, not a “consolidated” demand, and that an arbitrator must decide if the arbitration could proceed on a unitary basis.

What was the case in Planet Beach vs Zaroff?

Zaroff, C.A., No. 13-438 Section: J:1, 2013 U.S. Dist. LEXIS 121908 (E.D. La. Aug. 27, 2013), the plaintiff franchisee filed a unitary demand for arbitration with the AAA for damages based on a franchisor’s alleged misrepresentations and omissions in sales materials used to induce the franchisee to enter into four separate franchise agreements. Each of the four relevant franchise agreements stated that “ [n]either party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which the franchisor is a party . . . .” The franchisor then sued to compel the franchisee to maintain separate arbitration proceedings under each of its four separate agreements. The franchisee replied that it had filed a single arbitration, not a “consolidated” demand, and that an arbitrator must decide if the arbitration could proceed on a unitary basis.

What is arbitration clause in Dubai purchase agreements?

But the language of the arbitration clauses in the purchase agreements also provided that arbitration of “all disputes between the parties in relation to or arising from” the contract would be submitted to arbitration. Because the moving defendant was not a signatory to the agreements, nor had a sufficiently close relationship to signatory defendants, the district court concluded that it could not compel arbitration and remanded to state court.

What was the case in Oracle vs Myriad?

In contrast, in Oracle Am., Inc. v. Myriad Group A.G., 724 F.3d 1069 (9th Cir. 2013), the district court concluded that UNCITRAL rules did not provide such evidence that an arbitrator should decide arbitrability; a decision, however, that the Ninth Circuit promptly reversed. The defendant Myriad, a Swiss mobile software company, licensed Java, a computer programing language, from the plaintiff Oracle. Based on that license, Oracle sued Myriad in the Northern District of California, asserting claims for breach of contract, violation of the Lanham Act, copyright infringement, and unfair competition under California law. Myriad moved in response to compel arbitration based on an arbitration clause in the parties’ license agreement that called for arbitration in accordance with the UNCITRAL rules.

What was the case in Damato v. Time Warner Cable?

13-cv-944 (ARR) (RML), 2013 U.S. Dist. LEXIS 107117 (E.D.N.Y. July 30, 2013), the plaintiff subscribers filed a putative class action against defendant Time Warner Cable for violations of multiple states’ consumer protection laws. Time Warner Cable replied with a motion to stay or dismiss the action pending arbitration pursuant to an arbitration clause in the plaintiffs’ subscriber agreements. The arbitration clause provided for binding arbitration unless the subscribers elected to opt out. The plaintiffs nonetheless argued that the arbitration clause was invalid as illusory because the subscriber agreement gave Time Warner Cable the power to change its terms unilaterally and therefore the agreement to arbitrate was not supported by any mutual obligation. The court found that these arguments challenged the validity of the contract as a whole, rather than just the arbitration clause, because Time Warner Cable retained power to change the terms of the entire agreement. It rejected the plaintiffs’ claims that the agreement to arbitrate was unconscionable, because the plaintiffs relied on terms that affected the entirety of the subscriber agreement rather than solely the arbitration clause. The court therefore concluded that plaintiffs’ arguments “chiefly attack the validity of the contract as a whole,” and must be determined by the arbitrator.

What happens after an arbitration?

Win or lose , after an arbitration the prevailing party has to petition the court to confirm the arbitrator’s award. This requires filing a petition with the court, paying an initial filing fee and preparing an actual motion to confirm the arbitration award. Therefore, in the end you wind up in court anyway in order to obtain your judgment.

What is the role of the arbitrator in arbitration?

In arbitration, the arbitrator has discretion regarding whether to do things as simple as applying the rules of evidence. There is a long history of legal precedent in the United States developed through the legislature and the courts – it seems odd to give the arbitrator discretion on whether to follow that precedent.

What happens if you settle a case on the day of trial?

In court, if you settle a case on the day of trial the judge typically congratulates the parties and is thankful that you have resolved the matter without using valuable court time. In other words, the court is thrilled and is happy to have found time in its calendar. In arbitration, however, many arbitration services have non-refundable fees ...

How to contact Schorr Law?

To inquire about a consultation, call us at (310) 954-1877, email at [email protected], or you can fill out the contact box on the side of this page.

How long do you have to go to court after arbitration?

That means that if you settle a 5 day arbitration on the day the arbitration is set to begin you could still be responsible for 5 days of the arbitrator’s time. (5) Once your arbitration is complete you still have to go to court. Win or lose, after an arbitration the prevailing party has to petition the court to confirm the arbitrator’s award.

Do you pay an arbitrator an hourly fee?

In arbitration you actually pay the arbitrator much like you would pay a lawyer – on an hourly basis. This means that there is an added expense to arbitrate your matter.

Is it bad to dispute a decision?

This can be a good and a bad factor for resolving a dispute. The good part is that the dispute is forever resolved upon the arbitrator’s decision. That bad, of course, is if the arbitrator chooses to ignore rules of law, evidence or makes a wholly unsupported decision you have no way to attack the decision.

Arbitration vs. Litigation

Arbitration and The Process of Dispute Resolution

Advantages of Arbitration

Disadvantages of Arbitration

Potential Outcomes of Arbitration

• During arbitration, a party can either win, lose, or cease the arbitration proceedings. Each of the results comes with some gains and losses, as described in the diagram below: If a person wins the arbitration, they will gain the disputed amount that was being sought. The losses they would need to face are the arbitration direct costs (such as arbi...

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