How are aviation disputes and claims resolved?
In Texas, aviation disputes and claims are generally resolved through arbitration or mediation. Arbitration is a process in which the parties agree to have a neutral third-party (the arbitrator) resolve the dispute. The arbitrator typically reviews evidence from both sides, listens to arguments from both parties, and then makes a decision. The decision of the arbitrator is final and binding on both sides. Mediation is another method of resolving aviation disputes and claims. In mediation, a neutral third-party (the mediator) facilitates discussions between the parties and strives to help them reach an agreement. Unlike arbitration, the mediator does not make a decision or impose a settlement on the parties. The parties have the freedom to discuss and decide on a resolution that works best for them. Both arbitration and mediation can take place in a courtroom or in a private meeting room. Either way, both parties are typically represented by their respective lawyers. This ensures that the parties receive legal advice and that their rights are honored throughout the process. If the dispute or claim cannot be resolved through mediation or arbitration, the parties may choose to take the matter to court. In Texas, state and federal courts have jurisdiction over aviation disputes and claims. The outcome of a court case depends on the strength of the evidence presented by each side and its adherence to the applicable statutes and regulations.
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