What happens if an agreement is not reached at an arbitration hearing?
In Hawaii, if an agreement is not reached at an arbitration hearing, it will move to a more formal court hearing. This is known as a trial. During this type of hearing, each side presents their evidence and arguments to a judge or a jury. The judge or jury then makes a decision based on the evidence and arguments presented. Depending on the type of hearing and complexity of the case, this process can take much longer than the arbitration hearing. In addition to the parties having to pay for their own attorneys, the costs associated with the trial can quickly add up. In some cases, if a case does not reach an agreement at the arbitration hearing, the parties may attempt to resolve the matter through negotiations and mediation. This is a less formal process than a trial and often does not take as much time. Both parties can try to find a compromise that both agree to. If the parties do not reach an agreement, the matter will continue on to trial. In Hawaii, there is no single best way to resolve a dispute and it is left up to the parties to decide the best method for handling their case. Alternative dispute resolution, such as arbitration, negotiation, and mediation, are all viable options for resolving a dispute before heading to trial. By taking the time to explore these options, the parties can attempt to reach an agreement without the cost and time associated with a trial.
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