|All rights reserved.
|BRUCE E MOHL
MEDIATION & ARBITRATION
Arbitration is a form of Alternative Dispute Resolution. By agreeing to
Arbitration parties to a dispute agree to resolve their differences privately,
outside of the traditional judicial system. Arbitration is binding on the parties
who have by contract or otherwise agreed to the resolution of their dispute in
most instances in a less formal, less costly, and more expeditious manner. In
addition, parties currently in litigation, by stipulation, may agree to resolve the
action by Arbitration and effectively remove the case from the trial court’s
By agreeing to Arbitration the parties select an Arbitrator or sometimes a
panel of three Arbitrators to hear evidence and render a decision much in the
same manner that the case would be tried and decided by a jury or in a bench
trial before a judge sitting without a jury. An Arbitration Award is rendered
which may be confirmed by the prevailing party and ultimately enforced as a
judgment under state law.
The parties most often have agreed as part of their contractual relationship
that in the event of disputes, the matters would be submitted to binding
Arbitration. In so doing the parties can control both the method of resolving
the dispute and much of the detail as to how the arbitration will proceed,
what discovery and evidentiary rules apply in the proceeding, and what state
law will govern.
Arbitration may be completely independent of any authority and controlled by
the parties or may be referred to an agency such as the American Arbitration
Association (AAA) and in which the parties agree to follow the AAA rules in
administering the Arbitration. Because Arbitration is governed by the parties’
contractual relationship, the proceedings can remain confidential unless and
until either party seeks judicial confirmation and/or enforcement of an
Award. Under most states’ laws, for example, New Hampshire RSA chapter
542, Arbitration clauses in contracts are judicially enforceable and Awards
may be confirmed as civil judgments. Appeals from Arbitration Awards are
limited and subject to very strict standards of review. See NH RSA 542:8.
As a trial judge on the New Hampshire Superior Court for almost 20 years,
Bruce Mohl has tried hundreds of civil jury and non-jury trials in just about
every area of the law. Since taking Senior Status on the Superior Court in
2007 and beginning an Arbitration and Mediation practice, Judge Mohl has
acted as a single Arbitrator, and as a Panel Member with the American
Arbitration Association, in complex Arbitration cases. In requesting
Arbitration, parties should contact the Arbitrator and submit their underlying
contractual agreement with their submission of a case for consideration.
Parties will be requested to execute an Arbitration Agreement with the
Arbitrator, to retain and compensate the Arbitrator, consistent with the terms
of the Arbitration Agreement.
Following a structuring conference, usually telephonically, to address
discovery and other issues, the matter will be scheduled for an Arbitration
hearing at the convenience of the parties. The parties may agree to conduct
the Arbitration proceeding at the offices of one of participating counsel, but if
a commercial site is required, the parties are responsible for the cost of the
site for Arbitration.
October 12, 2011
|PO Box 1486
Meredith N H 03253
|All rights reserved.