Indian Dispute Resolution Services

ARBITRATION

Arbitration is not a collaborative process by which the parties air their differences and come to a mutually acceptable agreement. Arbitration is a quasi-judicial process that more closely resembles litigation. Once an arbitrator is chosen by the parties, the arbitrator conducts a formal hearing, hears the cases presented by the contending parties, examines the evidence submitted, determines the “facts”, and issues a decision that identifies the winner and loser. The parties may or may not be represented by counsel

IDRS prefers collaborative forms of dispute resolution (negotiation, facilitation, mediation, fact-finding). We favor these because the parties retain control over their problem, design the process for resolving it, rebuild rather than undermine their relationship, and craft agreements that will be realistic and satisfy mutual interests.

On the other hand, we do provide arbitration services where the parties are clearly not ready and willing to participate in the collaborative forms of dispute resolution, and where the dispute, if left unresolved, presents a potential danger to the parties, their families and the community.

How Can You Arrange For IDRS’ Arbitration Services?

If you are interested in arranging for the services of an IDRS arbitrator, please call the IDRS Sacramento offices and speak to the Executive Director. He will:

Ask you to describe in general the conflict situation, the kind and number of issues involved, and the arbitration ordinance or mechanism your organization has in place that outlines the conditions and processes for providing arbitration services.
Provide you the names of arbitrators on IDRS’ list of arbitrators, their backgrounds, and their general familiarity with the substantive area that the conflict involves.
Discuss your time constraints and preferences, as well as the time you estimate each party might take to prepare for and put on his or her case,
Provide an estimate of the time that might be required for the arbitrator to prepare for and conduct the hearing, and to issue a written decision,
Provide information on the availability of IDRS arbitrators, their fees and a “ball-park” cost estimate.
Provide a written budget and proposed contract for services that spells out projected fees and travel and per diem costs for your consideration and approval.