Houston, Texas Arbitration Attorneys

Many legal disputes are handled through arbitration. While the arbitration process is not quite as rigid as litigation, it has a formal structure and should be taken seriously. Are you involved in a dispute that may enter arbitration? Our attorneys can craft a clear strategy to resolve your case in your favor.
Texas arbitration attorneys in Houston — The Litigation Group

What Is Arbitration?

Arbitration is a method of alternative dispute resolution that is more formal than mediation but less formal than litigation. It involves both parties arguing their cases before a qualified neutral arbitrator. The arbitrator then issues a binding ruling. In most cases, arbitration is preferable to litigation for these reasons:
  • It’s less expensive
  • It’s faster
  • It’s confidential
It’s not uncommon for a contract to have an arbitration clause. This clause will stipulate that any contract disputes must be resolved through binding arbitration as opposed to litigation. Often, arbitration clauses involve waiving the right to appeal the arbitrator’s decision. Disputes that frequently end up in arbitration include breach of contract claims, shareholder disputes, and employment matters.

Why You Need a Lawyer for Arbitration

You are not required to have an attorney while going through arbitration. However, just as it’s not a good idea to represent yourself in court, we don’t advise entering arbitration without speaking to an experienced attorney.

The Other Party Probably Has Legal Representation

Arbitration is an adversarial process by nature. If you are going up against a large company, your opponent will be represented by an attorney who is well-versed in the art of arbitration. By hiring your own legal representative, you level the playing field. Our founding partner Ashish Mahendru and the rest of the firm have spent decades doing exactly that.

An Attorney Will Gather Evidence and Create a Strategy

While arbitration is not as formal as litigation, the process is somewhat similar. Each side must gather and share evidence. Then, they use this evidence to craft an argument. When you work with a lawyer who has arbitration experience, you’re far more likely to have a stronger case.

Your Lawyer’s Experience Is an Asset

An attorney who has experience with cases like yours can bring considerable wisdom to the table. For example, if your case involves a dispute over trade secrets or a non-compete covenant, a lawyer who has handled similar cases will have a strong sense of which strategies are likely to work — and which ones aren’t.

You May Not Get a Second Chance

If your case is decided in court, you will likely have the opportunity to appeal. The same cannot be said of arbitration agreements. While appeals may be allowed in limited circumstances, the arbitrator’s decision is typically final.

Steps in the Arbitration Process

Before you schedule a consultation with our arbitration lawyers, it can be helpful to have an idea of how the process works.

  1. 1

    Initiation

    The process begins when one party files a formal demand for action. The other party will be notified of the demand and given a deadline to respond. In urgent situations, your lawyer may also pursue a temporary restraining order or injunction to preserve the status quo while arbitration proceeds.

  2. 2

    Choosing an Arbitrator

    If you signed a contract that had an arbitration agreement, you may have to use a specific arbitrator or follow a designated process for choosing one. Otherwise, you and the other party must agree on an arbitrator.

  3. 3

    Preliminary Hearing and Exchange of Information

    Once an arbitrator has been chosen, both parties will attend a preliminary hearing. This may be conducted in person or as a conference call. The parties will discuss the case, and the arbitrator will explain the rules for information exchange.

    Afterward, the parties gather and exchange relevant case information. This is very similar to the discovery phase in a court case.

  4. 4

    The Hearing Process

    After your lawyer has gathered information and formed a strategy, the arbitration hearing begins. Each party presents information before the arbitrator. If there is an arbitration agreement already in place, that agreement will dictate the hearing process.

  5. 5

    Decision

    After the hearing has concluded, the arbitrator will make a decision, and both parties will be notified in writing.

FAQ

What’s the Difference Between Mediation and Arbitration?
Arbitration and mediation are both types of alternative dispute resolution. However, arbitration is more formal. It involves presenting arguments before an arbitrator — much like presenting arguments before a court. The arbitrator then makes a decision about the case. Generally, this decision is binding. In contrast, mediation is led by a trained facilitator who helps disputing parties work toward an agreement. The facilitator guides the discussion and encourages the parties to compromise and find a solution. If a decision is reached during mediation, it is not typically binding until both parties sign an agreement making it so.
How Do You Decide Between Mediation and Arbitration?
If you want to preserve your relationship with the other party and think they may be amenable to a compromise, mediation may be the better choice. But if you have reached an impasse and think negotiations would be futile, it may be worth skipping to arbitration. Keep in mind that some contracts include arbitration clauses. If this is the case, arbitration might be your only choice.
How Long Does It Take to Resolve a Problem Through Arbitration?
The arbitration process will probably take between a few months and a year. However, each case is different, and very complicated cases can take longer. When you bring your case to Mahendru, P.C., we can give you a better idea of how long the process may take.
Can You Ever Get Out of an Arbitration Clause?
Sometimes. Some contracts give you a set period to opt out of an arbitration clause. You also may be able to challenge the validity of the arbitration agreement itself. An attorney experienced in business and commercial litigation can review the agreement and advise you on your options.

Looking for an Arbitration Attorney?

When you’re solving a dispute through arbitration, the stakes are high, and the right lawyer makes all the difference. At Mahendru, P.C., we want to set you up for success during the arbitration process. We have countless satisfied clients, and we hope you will become one of them — read what they’ve said on our testimonials page. Get in touch today to start working with a skilled arbitration lawyer.
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