Mediation and the Arbitration Hearing
Mediation is strongly urged during the arbitration process. Mediation is an informal, non-binding and voluntary process where a trained mediator facilitates negotiations between the parties with hopes of coming to a mutually acceptable resolution. Statistics show that the majority of the cases taken to mediation result in settlements, which saves the parties the time and expense of going through an evidentiary arbitration hearing.
Arbitration on the other hand is binding upon the parties. Although the surroundings are generally less formal than a courtroom setting, each side has the opportunity to put on their case giving the panel a chance to hear oral testimony as well as review documentary evidence supporting their position. The chairperson presides over the hearing and panel members are allowed to question witnesses. Arbitrators decide what evidence is admitted in the case, although they are not required to follow state or federal rules of evidence. Generally, the Claimant puts their case on first followed by the defense by the Respondent. After the hearing is over and the parties have rested, each side is given the opportunity to make closing arguments.
After the record is closed and the parties have left the premises, the panel goes into executive session to review the documentary evidence and oral testimony of the witnesses to decide the case. The award is to be signed by the arbitrators and entered within thirty (30) days from the closing of the record the last day of the hearing. Once the award has been forwarded to the parties, any monetary award must be paid within thirty (30) days of the receipt of the award.
Statistics show that awards favoring investors are entered roughly fifty percent (50%) of the time and a significantly higher percentage of the cases are settled prior to going through an evidentiary arbitration hearing.
In order for you to maximize the recovery of your investment losses, please contact Shepherd Smith Edwards & Kantas LTD LLP. Our firm has a team of attorneys, consultants and others with more than 100 years of combined experience in the securities industry and securities law. Since 1990, we have represented thousands of investors nationwide to recover losses. We have represented clients in federal and state courts and in arbitration through the Financial Industry Regulatory Authority (FINRA), New York Stock Exchange (NYSE), National Association of Securities Dealers (NASD), American Arbitration Association (AAA) and in private arbitration actions.
Call our securities law firm for a confidential, no obligation consultation. Cases are handled on a contingency basis.