If you’re a lawyer, you know what a “binding arbitration” is. If you’re an expert witness, as I am, you probably don’t really care. I’ve done both: trials and binding arbitrations, but from my perspective, it’s “all about the facts.”
Of course, if you are involved in a situation where you are one of the parties, whether it is a trial or binding arbitration, you will want to know what the difference is, particularly if you have to sign for a binding arbitration, because if you do that you forgo the right to go to court.
A binding arbitration involves the submission of a dispute to a neutral third party who will come to a decision which is, as you might well guess, binding. This is instead of a trial before a judge and jury, and grounds for appealing or setting aside the decision of the arbitrator are very limited and in many instances not available at all.
An arbitration is less formal than a trial in court, and often shorter. The people involved present their version of the facts of the case and can use witnesses and documents in the same way as in a trial. However, the rules of evidence and other court procedures do not usually apply.
The arbitrator will consider the evidence and then make a decision. Sometimes he or she may do so immediately, but more often they will consider the case at leisure and announce the decision within a month.
You Will Need An Expert Witness
You will need an expert witness for binding arbitrations in the same way as if it was a trial, because when you are talking about digital issues, the same technical matters apply, and the arbitrator will need someone to explain to him the technical aspects unless he is already an expert, which is unlikely. As an expert witness for binding arbitrations, I can help you with this.
Arbitration agreements are often entered into by consumers unexpectedly. They are often to be found in pre-printed agreements with banks, insurance companies, credit card providers, telecoms providers, and many manufacturers of products. That means that if you raise a dispute, you may have already signed up for it to go to arbitration rather than a court. You can, of course, ask the service pr product provider to remove the arbitration clause, but they may refuse. In that case, you may have to consider other ways to purchase the product from another provider.
If you find yourself in a situation where you are involved in a binding arbitration and need an expert witness for binding arbitrations, then I can help you subject – of course – to my key subject areas of SEO, social media, and Google Ads (online advertising).
