How is a real estate dispute resolved through arbitration?
Arbitration is a process used to resolve disputes through a third party and is commonly used in real estate litigation cases in California. It is an alternative to going to court and involves both parties presenting their case to an arbitrator, or a neutral third party, who then makes a decision that is legally binding. The arbitrator is usually chosen by both parties, or sometimes appointed if they cannot agree on who should resolve the dispute. During the arbitration, the parties present their evidence and arguments, and the arbitrator listens to the arguments and reviews any documents or other relevant evidence that has been submitted before making a final decision. The parties involved in the dispute cannot appeal the arbitrator’s decision, so it is important to ensure you pick an arbitrator who is knowledgeable in real estate law and can make a fair decision that is in accordance with California law. The decision also must be written up and signed by the arbitrator in order for it to be legally binding. The arbitration process is confidential and generally takes less time than going to court, allowing disputes to be resolved much faster. It can also cost less than litigation in court, however some fees may be payable to the arbitrator and both parties will be responsible for their own legal costs. Overall, arbitration is an effective way to resolve a real estate dispute in California. It is a confidential and often inexpensive way to resolve disputes in a timely manner, and the arbitrator’s decision is final and legally binding.
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