Arbitration for Contract Disputes in Georgia

Arbitration is a much more formalized process than mediation and may involve greater legal fees. Resolving a contract dispute via arbitration is similar to a traditional court case, but instead of a formal court and judge, the parties work with an arbitrator. This process still involves preliminary discovery work as well as the filing of an arbitration lawsuit or complaint.

If you are considering arbitration for a contract dispute in Georgia, it is crucial to seek legal counsel first. At Sparks Law, our experienced lawyers could advise you on your options for resolving your case.

Who Usually Acts as an Arbitrator?

Ideally, the arbitrator would be an expert on the subject matter, such as a professional in the legal industry. However, it is possible to get an arbitration judge that is not a good fit for the case at hand. For instance, a magistrate judge who primarily issued warrants for criminal arrests may not know much about civil contract disputes between business partners.

Many people put provisions in their arbitration agreements to ensure that they get the right arbiter and judge. A knowledgeable attorney at our Georgia office could advise on choosing arbitration judges in a contract dispute case.

Arbitration Clauses in Contracts

An arbitration clause is a provision in a commercial contract that says rather than going through the traditional court system, any dispute related to this contract will be done through arbitration. For instance, you can find those arbitration clauses in contracts for a warranty that you buy on a laptop at BestBuy. Arbitration provisions are common, and many consumers are effectively signing off on arbitration without knowing.

Can You Enter Civil Litigation Despite a Forced Arbitration Clause?

Yes. If both parties agree to go to civil litigation rather than arbitration, they can consider that as a slight amendment to the contract. However, if one party is demanding arbitration and the other is demanding a traditional courtroom, civil judges will often take a lawsuit out of the regular court system and say that it must be arbitrated. An attorney well-versed in Georgia contract disputes could assess a forced arbitration clause and explain what impact it may have on an individual’s case.

Drawbacks of Arbitration in Georgia Contract Lawsuits

The problem with arbitration is that the arbitration judge’s decision is completely binding, meaning that it cannot be appealed. If the arbiter gets the case wrong or interprets the law incorrectly, a party may not be able to appeal their decision to a higher court. This makes arbitration a potentially dangerous method of resolving a legal dispute. As such, anyone considering arbitration for a contract lawsuit should first consult with a knowledgeable attorney in the area to ensure they understand the implications of this decision.

Speak with a Georgia Attorney about Contract Arbitration

There are several alternatives to normal litigation when seeking a resolution for a contract dispute. One of these methods is arbitration, which is similar to the traditional court system. However, it is important to remember that arbitration decisions may be more binding than resolutions reached in court or through mediation.

If you are dealing with a contract breach case, reach out to the skilled legal team at Sparks Law to discuss your options. Our lawyers understand arbitration for contract disputes in Georgia and can explain what this process entails. Call today for a consultation.