What is the process for handling a business litigation dispute through arbitration?
Business litigation disputes in New Hampshire can be handled through the process of arbitration. Arbitration is a form of alternative dispute resolution in which two or more parties are brought together to resolve a dispute without going to court. The process of arbitration involves the parties appointing an arbitrator or arbitrators who act as a neutral third-party to hear the dispute and reach a decision. During arbitration, the parties to the dispute present their evidence and arguments to the arbitrator who reviews the materials and renders a decision. This decision may be binding or non-binding, depending on the agreement of the parties. Binding arbitration means that the decision is legally enforceable and the parties are required by law to abide by the decision of the arbitrator. Non-binding arbitration means that the parties are not legally bound by the decision of the arbitrator and can still choose to go to court to resolve their dispute. The parties also have the opportunity to present their case in a more informal way, by presenting facts or arguments to the arbitrator in the form of testimony and exhibits. This is usually done in a hearing, where the parties present their case to the arbitrator and the arbitrator makes a decision based on the evidence presented. The outcome of arbitration is determined based on the evidence presented and the arbitrator’s interpretation of the applicable law. The arbitrator will decide which party is legally responsible, if any, and can order them to pay money or take other kinds of action. Once the decision is rendered, the parties are often bound to abide by the outcome and the dispute is considered to be settled.
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