What happens if an agreement is not reached at an arbitration hearing?

If an agreement is not reached at an arbitration hearing in West Virginia, the parties involved can continue to resolve the dispute on their own. This is referred to as an “agreeable alternative” to the arbitration process. If the parties are unable to reach an agreement, the case may be taken to court or an outside mediator to reach a settlement. When the case goes to court, a judge will review the evidence and testimony presented by the parties involved and make a binding decision. This means the decision will be legally binding on both parties, and must be followed. When an outside mediator is used, both parties will work together with the mediator to come to an agreement. Unlike the court process, the agreement reached with a mediator does not have to be legally binding. However, both parties must agree to the terms of the agreement and stick to it. In either case, the goal is to reach a resolution as quickly and cost-effectively as possible. If an agreement cannot be reached through alternative dispute resolution, the parties may end up in court where the outcome is less certain, and often more expensive.

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