Hawthorne & Associates
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Arbitration

Avoid the Cost, Complexity, Formality and Time of Court

 
Arbitration (def): The referral of a dispute to one or more neutral third parties for a decision based on evidence and testimony provided by the disputants. Arbitrator (def): An individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

Hawthorne & Associates provides binding arbitration services by its principal, Robert D. Hawthorne, as a cost-effective method of having an experienced, fair, and impartial attorney and former appellate judge, decide your dispute without going to court. In such matters, Bob serves as the arbitrator under the terms of the parties’ contractual arrangement and any applicable legal framework. Usually, the parties agree that the arbitrator’s decision is binding. So, arbitration resembles having your dispute decided by a judge, but you avoid going to court for a decision. And the arbitrator’s decision is in writing and generally final and binding on the parties. Bob has participated in deciding over 3500 court cases as a fair and impartial judge serving on a panel of three appellate court judges. He has the necessary experience to decide your case in a manner sustainable under the law as an individual arbitrator or on a panel of arbitrators.

Arbitration to suit your needs

Hawthorne & Associates can construct an arbitration platform to fit your existing contractual requirements or, if the parties mutually agree to modify those requirements, we can adjust the process and procedures to fit that separate agreement. Although the basic, traditional arbitration structure may resemble a court trial with an arbitrator assuming the judge’s role, arbitration agreements may contain specific industry-related requirements, or the parties may agree to streamline their arbitration proceeding. We can tailor the arbitration format, procedures, and rules to fit the parties’ agreement and the particular dispute’s requirements.

 
 

Why Use H&A’s Arbitration Services? 

In addition to Bob’s extensive experience and expertise that forms the basis of our services, arbitration offers the following benefits over having your dispute decided through multiple court proceedings:

  • Avoid court and juries - less cost, time, formality, and complexity.

  • Obtain a fair, impartial, binding, and final decision.

  • Arbitrators are neutral, unbiased, and jointly selected by the parties.

  • More control over the process, discovery, and procedures.

  • Often more predictable than court proceedings and decisions.

  • Resolve the dispute in one proceeding without costly court appeals.

  • Choose an arbitrator with applicable expertise.

  • Helps preserve important business and personal relationships.

Public Policy Supports Arbitration as a Convenient and Efficient ADR Procedure

Thirty-three years ago, the State of Colorado joined 34 other states in adopting the Uniform Arbitration Act. Colorado has a long tradition of supporting ADR in general, and arbitration specifically, as a process which promotes settlement of controversies in a manner which avoids the costs of litigation.

The Colorado Supreme Court recognizes Colorado’s strong public policy of encouraging alternative dispute resolution agreements, including contracts to arbitrate disputes. The Court acknowledges that arbitration has long served as a convenient, speedy, and efficient alternative to settling disputes by litigation. It also agrees that arbitration serves the public policy interests of allowing the parties to agree on an alternate nonjudicial forum to resolve disputes, which is simpler and more expedient than normally encountered in the judicial system. The Court also understands that its enforcement of arbitration agreements provides guidance and fosters stability for those who seek to use arbitration in their business dealings.

In fact, the Colorado Supreme Court’s Rules of Professional Conduct demonstrate the strong public policy supporting arbitration and other alternative dispute resolution methods by requiring attorneys in a litigation matter to advise the client of alternative forms of dispute resolution that might reasonably be used to try to resolve their dispute.

The United States Supreme Court also has recognized that arbitration under the Federal Arbitration Act is a matter of contract that must be “rigorously enforced” because arbitration offers the prospect of speedy resolution that the parties’contract was meant to secure.

 
 
“When will mankind be convinced and agree to settle their difficulties by arbitration?”
— Benjamin Franklin