FAQ's

What is Arbitration?
Arbitration is a form of alternative dispute resolution (ADR) in which the parties agree to submit their dispute to an arbitrator rather than a court. The arbitrator considers the evidence and makes a binding decision (the “award”). A party may confirm and enforce the award in any court with jurisdiction.

What are Some Possible Advantages of Arbitration?
Arbitration may offer several advantages in resolving a dispute. First, it may resolve the dispute more quickly than a lawsuit. Second, it may be less expensive than litigation, particularly if the arbitration rules provide for a more streamlined discovery process. Third, unlike litigation, arbitration is generally a private matter so that arbitration documents are not available to the public. Fourth, arbitration may allow the parties to select an arbitrator whereas the parties to a lawsuit have no say in which judge hears their case. Fifth, the parties may select an arbitrator with expertise in the area that is the subject of the dispute. Finally, it is normally quite difficult for the parties to overturn the arbitrator’s decision in court, and consequently the potential for a lengthy appeal process is low.

Are there any Disadvantages with Arbitration?
There may be. Generally, in arbitration, the right to engage in discovery (e.g., take depositions or issue interrogatories to other parties) is more limited, but this limited discovery usually results in reduced costs and attorney’s fees. There is no right to a jury trial in arbitration. For a party that is not satisfied with the arbitrator’s award, the difficulty of successfully challenging the award in court may be seen as a disadvantage. Finally, most jurisdictions do not require the arbitrator to be a lawyer or to have any legal education, and the result may be that the parties sometimes have a non-lawyer arbitrator attempting to interpret complicated legal documents, statutes, and reported court decisions.

What Procedural and Evidentiary Rules Govern the Arbitration?
Reputable arbitration services have procedural rules that govern their arbitrations, and some also have evidentiary rules. These rules vary greatly. Therefore, it is important that a party considering entering into an agreement that contains an arbitration clause first review the applicable rules. RMAS has created arbitration rules that are simple and flexible. To view the RMAS rules, go to Arbitration Rules.

How and When Do the Parties Present Their Evidence to the Arbitrator?
At RMAS this depends on whether the parties have agreed to Internet Arbitration, a Telephonic Hearing, or an In Person Hearing. It may also depend, to some extent, on whether the parties have agreed to any procedures to govern their arbitration. When there is a Telephonic Hearing or In Person Hearing, the party that initiated the arbitration (“Claimant”) presents evidence first. Other parties may cross-examine any witness called by the Claimant, and may present their own documents and witnesses. The Claimant may cross-examine witnesses called by any other party. The arbitrator may also question any witness. The RMAS rules purposely give the arbitrator great flexibility in deciding what evidence will be helpful. All parties should be prepared to make a focused presentation so the arbitrator may conduct an efficient and productive hearing.

How Long Will the Hearing Last?
The hearing will generally last no longer than one day.

When There is an In Person Hearing, Where Will that Take Place?
The parties may agree to any reasonable location. The hearing may take place at our offices in Boulder or Nederland, Colorado, or at the place of business of one of the parties, or at some other agreed upon location. If the parties cannot agree on a location, the arbitrator will decide it.

What Rules of Evidence Does the Arbitrator Apply?
RMAS does not use the strict rules of evidence that apply in court. The arbitrator may accept or reject evidence that the arbitrator believes will help in deciding the dispute.

May a Person or Entity Represent Itself in Arbitration Without a Lawyer?
Yes, but arbitration impacts the legal rights of the parties and we strongly encourage the parties to seek counsel. A person or entity that represents itself in arbitration without counsel must comply with the RMAS rules just as the lawyers for a party must. A party not represented by counsel should not expect the arbitrator to treat that party differently than parties with counsel.

How Long Does the Arbitration Process Take?
The average arbitration, from the start to the issuance of an award, takes three to six months; however, if all parties agree to a different timeline, RMAS will try to accommodate that.

What if One Party Fails to Participate in Arbitration?
If a party that is required to participate fails to participate, the arbitration will go forward. The party that participates must still present evidence to the arbitrator, and if the arbitrator is satisfied that the party is entitled to relief, the arbitrator will issue an award.

Does RMAS Offer Mediation Services?
We do not seek mediation cases because Mr. Cohen believes his skills are best suited to consideration of evidence, analysis of legal issues, and providing a well-written, easily understandable arbitration award. That said, we understand that the positions of the parties may change as the arbitration process moves forward. If all parties to an want to postpone the hearing or modify the arbitration timetable so that they may pursue mediation, the arbitrator will approve that request.

May the Parties Settle Their Dispute Prior to the Hearing or the Award?
Yes. The parties may settle their dispute at any time prior to the hearing, and they may even settle it after the hearing at any time before the arbitrator issues an award. The parties must promptly notify the arbitrator of the settlement in writing or by email. The arbitrator will direct the parties to submit a settlement agreement signed by all parties. Unless otherwise agreed by the parties, the arbitrator retains jurisdiction to decide any disputes arising out of the settlement agreement.

How May the Prevailing Party Enforce the Award?
Once the arbitrator makes a written award, any party may ask any court with jurisdiction to confirm the award. Once confirmed, the prevailing party may enforce the award as a judgment of the court.

Why Should We Choose RMAS Over Some Other Arbitration Service? There may be cases where RMAS is not the rigth choice; however, five reasons to consider RMAS are that (1) our services are relatively inexpensive, (2) many business disputes arise out of poorly written transactional documents, and Mr. Cohen has expertise in language and the law governing construction of documents and evidentiary issues in such cases, (3) Mr. Cohen has expertise in certain areas of the law and limits his arbitration practice to those areas, (4) RMAS has designed arbitration rules that are simple and flexible, and (5) our fee structure is simple.

Why is RMAS Less Expensive Than Larger Arbitration Services? There are several reasons, but the most significant one is that we are headquartered in a 3,000 square foot building in Nederland, Colorado, approximately 18 miles west of Boulder and 45 minutes west of Denver. Our overhead is low.

How May the Parties Choose RMAS as the Arbitrator?
In some cases the parties may have agreed to an arbitration clause that requires them to submit the dispute to RMAS. If the arbitration clause does not specify any arbitrator, RMAS may serve as the arbitrator if all parties so agree in writing. View Sample Arbitration Clauses.