What happens if the parties to a securities arbitration case do not agree to a settlement?
If the parties involved in a securities arbitration case do not agree to a settlement, they must proceed to a hearing. During the hearing, the parties present their case to a panel of arbitrators. The arbitrators then review the facts and the law to determine whether a violation of securities law has occurred. The panel of arbitrators has the authority to award damages in the form of a monetary award, or to order one party to take specific action. If either party is not satisfied with the decision, they may appeal the decision to the courts. The decision of the arbitrators is not final until it is approved by the Washington State Commissioner of Securities, who may approve or reject the award. Rejected awards can be appealed, but in some cases, the Commissioner might require additional information or a hearing before making a final decision. In addition to the normal arbitration proceedings, the parties may also agree to mediation. In mediation, a neutral third party helps the parties reach an agreement. Mediation encourages the parties to resolve their dispute without the need for a hearing, and is often quicker and less expensive than a hearing. In either case, the parties should seek the advice of an experienced securities lawyer to make sure their rights are protected throughout the arbitration process.
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