Category: Arbritration
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FINRA Arbitration Motion in Limine
Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. The final motion is a motion in Limine. Motion in Limine A motion in limine is a request for the arbitrators to rule on the admissibility of evidence in…
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FAQ: When is mediation appropriate?
FAQ: When is mediation appropriate? Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation…
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FINRA Arbitration Motions to Compel
Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. Although arbitration is an informal process, a variety of matters may be subject to motion practice. Motion to Compel Discovery FINRA Rule 12509 provides that a party may make…
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FAQ: What is the role of the mediator?
Role of the Mediator The role of the mediator is not set in stone. Typically the mediator acts as a neutral third party and facilitates rather than directs the process. At all times, the parties and not the mediator control the outcome of the process. Establish a Process A good mediator is somebody who is…
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A FINRA Arbitration: bar the defenses
A FINRA Arbitration provides an opportunity to bar the defenses of the defendant based upon untimely or incomplete Answers. Motion to Bar Defenses Due to Untimely or Incomplete Answers FINRA Rule 12308 provides that the panel may, upon motion by a party, bar a party from presenting any defenses or facts at the hearing if…
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FAQ: What are the potential benefits of mediation?
FAQ: What are the potential benefits of mediation? It is: A voluntary and confidential process where participants determine the outcome for themselves rather than it being determined by a Judge, jury or an Arbitrator. Offers a wider range of possible outcomes than can ever be determined by a Court. Provides an opportunity for the parties…
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FINRA Arbitration Motions to Dismiss the case
A FINRA Arbitration provides several motions to dismiss. The following are motions to dismiss before or after the case-in-chief. FINRA Rule 12504(a) Motions to Dismiss Before a Party Concludes its Case-in-Chief FINRA believes that parties have the right to a hearing in arbitration. Therefore, motions to dismiss filed prior to the conclusion of a party’s…
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FAQ: What is Mediation?
Mediation is a form of alternative dispute resolution (ADR), which can be used as a way of resolving a dispute between two or more parties with the assistance of a mediator who acts as a neutral third party and facilitates the process with a view to the parties voluntarily negotiating a settlement of their dispute. …
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FINRA Arbitration Eligibility Motions
A FINRA Arbitration provides several motions to dismiss. A motion to dismiss based on eligibility grounds is a request made to the panel by a party. It is made prior to or after the conclusion of the case-in-chief. It can eliminate some or all claims raised by the party filing a claim. FINRA Rule 12206(b)…
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FAQ: Do I have to have a lawyer at my mediation?
Do I have to have a lawyer at my mediation? No, it is not necessary to have a lawyer representing you at mediation. If you have a lawyer already representing your interests in the dispute you would need to discuss this with him or her. If you feel you need legal advice or that you…