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What is an Expedited Arbitration Clause?

Dec 09, 2023

All Small Businesses Must Include a Proper Expedited Arbitration Clause in All Contracts & Agreements

By: Jimmy Wagner, Esq.

December 9, 2023

Expedited Arbitration Services (EAS) is for small business owners looking to protect their interests and stay in front of all disputes. In today's business world, attorneys and the Courts are just as damaging as the overreaching government bureaucracy. All small businesses must have a proper expedited arbitration clause in their contracts and agreements to make sure all disputes are resolved outside the grasp of lawyers and Courts. Trust us when we say that this seemingly minor addition can make all the difference when faced with legal challenges. Join EAS as we delve into expedited arbitration, uncover its importance, and explore how it can empower your small business to navigate any dispute swiftly and effectively. If you are a business owner who complies with their contracts and acts with integrity, you don't need the lies of lawyers and inefficient courthouses to protect your interest; you need Expedited Arbitration Services.


Introduction: The importance of resolving small business disputes quickly and expeditiously

Small businesses are the backbone of any economy, representing a significant portion of employment and economic growth. According to the U.S Small Business Administration (SBA), small businesses make up about 99.9% of all U.S. businesses and employ nearly half of the country's private workforce. These numbers highlight the crucial role that small businesses play in creating jobs and stimulating economic activity.

However, with this vital role comes a multitude of challenges and risks. One such challenge that small business owners often face is legal disputes. From contract disputes to employee grievances, small businesses are vulnerable to various legal conflicts that can be costly and time-consuming.

 

A dispute of five thousand dollars ($5,000.00) or a hundred thousand dollars ($100,000.00) can tremendously impact a small business. Still, to the Courts and lawyers, it is considered an impoverished dispute not worthy of their time. With EAS, this no longer needs to be the case.


What is an expedited arbitration clause?

An expedited arbitration clause is a provision included in contracts and agreements that outlines the process for resolving disputes swiftly and efficiently through arbitration. The clause must state that all disputes are to be determined by Expedited Arbitration Services (EAS). This clause is foundational in ensuring small businesses can use EAS to resolve disputes as it offers a faster, more cost-effective alternative to traditional litigation.

In simple terms, expedited arbitration is an accelerated form of dispute resolution where an impartial third-party arbitrator hears both sides of the argument and makes a legally binding decision. Unlike traditional court proceedings, expedited arbitration can be completed in weeks or months rather than years, saving small businesses time and money.

The primary purpose of an expedited arbitration clause is to provide parties with an option for resolving conflicts outside of the courtroom. By including this clause in their contracts and agreements, small businesses can avoid lengthy legal battles, which can burden resources such as time and finances. It also allows them to maintain confidentiality as opposed to public court cases.

One significant advantage of having an expedited arbitration clause is that this unique online platform chooses a non-conflicted qualified arbitrator within days to resolve disputes. This means the parties can move right to the heart of the disputed issues compared to traditional arbitration or litigation, where judges are assigned randomly, and the arbitration selection process takes months. As a result of this EAS policy, parties immediately start preparing the submission of relevant laws to their dispute.

Another critical benefit of expedited arbitration clauses is the streamlined procedure for presenting evidence and making arguments. In conventional court trials, there are strict rules surrounding evidence-gathering that can prolong proceedings significantly; however, in EAS, all disputes will be resolved on submission, and each side will put forth its entire position for review.



Benefits of including an expedited arbitration clause in contracts and agreements:

 

An expedited arbitration clause is a provision in a contract that stipulates any disputes between the parties will be resolved through an accelerated arbitration process. This means that the parties involved must participate in a streamlined arbitration hearing instead of going through traditional litigation.

There are three significant benefits to including an expedited arbitration clause in contracts and agreements:

1. Saves time: The traditional legal system can be slow-moving and costly, especially for small businesses. With an expedited arbitration clause, disputes can be resolved much quicker as strict timelines are set for each process stage. This saves valuable time and allows the parties involved to focus on their business rather than lengthy legal proceedings.

2. Cost-effective: Traditional litigation can be expensive, with high attorney fees and court costs piling up quickly. On the other hand, arbitration tends to be more cost-effective as there are fewer formalities and no need for multiple attorneys representing each side.

3. Using Technology Efficiently: Under the rules of EAS, all parties consent to use technology to accept all notices, including text messages, email messages, social media messages, and phone calls. No more wasting money and time on expensive process servers to get the case started in court.





Time & Cost Efficiency

 

Time and cost efficiency are critical factors that every business, big or small, must consider to thrive in today's competitive market. As a small business owner, you may often need help managing your resources effectively while trying to grow your company. This is another area where an expedited arbitration clause can benefit your business.

An expedited arbitration clause is a provision in contracts and agreements that specify the process for resolving disputes between parties through arbitration instead of traditional litigation. This clause serves as an effective tool to save time and costs associated with lengthy court proceedings.

One of the main advantages of incorporating an expedited arbitration clause in your contracts is the speed at which disputes can be resolved. Unlike traditional litigation, where cases can drag on for months or even years, arbitration offers a much quicker resolution process. The time frame for resolution can be set by the parties themselves, ensuring that disputes are resolved within a reasonable time frame as needed by the parties.

Additionally, unlike court proceedings, where both parties must adhere to the schedule set by the court, the process is more flexible in arbitration. It allows both parties to work together to find suitable dates and times for hearings. This reduces delays caused by rescheduled hearings or conflicts between multiple court cases.

Moreover, with an expedited arbitration clause, businesses can avoid significant legal expenses. Litigation often involves high attorney fees and other related expenses, such as filing and expert witness fees. These costs add up quickly and can significantly impact on a small business's bottom line.

 

 

 

 

Confidentiality


Confidentiality is crucial to any business contract or agreement, especially for small businesses. It refers to protecting sensitive information exchanged between parties during their business relationship. This may include trade secrets, financial data, customer lists, and other proprietary information.

 

In the context of expedited arbitration clauses, confidentiality plays a significant role in ensuring that disputes are resolved efficiently without risking the disclosure of confidential information. Without a proper confidentiality clause, parties involved in an arbitration case may hesitate to share essential details or evidence because they fear it being made public. This can hinder the arbitration process and delay proceedings.

 

One key benefit of expedited arbitration is the standard confidentiality clause. It helps maintain trust and goodwill between the parties even in dispute. By keeping sensitive information confidential, both parties can feel more secure about disclosing their position and negotiating a resolution without fear of damaging their reputation or trade secrets.

 

Moreover, having a confidentiality clause also protects small businesses from potential harm caused by competitors obtaining strategic information through court proceedings. In traditional court trials, pleadings and documents filed become part of public records accessible to anyone. This means that competitors or other interested parties can access sensitive business information, which could put a company at risk.

 

Including a confidentiality provision in an expedited arbitration clause ensures that all communication and evidence shared during the arbitration process remain private and cannot be disclosed without consent from both parties.


Final and Binding Decision

 

Final and binding decisions are crucial to any business transaction or contract. The ultimate outcome determines the resolution of disputes between parties and sets a clear path for moving forward. In the context of small businesses, having a proper expedited arbitration clause in all contracts and agreements can ensure that final and binding decisions are made efficiently and effectively.

An expedited arbitration clause is a provision inserted into business contracts or agreements that stipulates using arbitration as the preferred method for resolving disputes rather than going to court. It outlines the requirements and procedures for conducting an expeditious arbitration process, including timelines for reaching a decision. This clause particularly benefits small businesses by providing an alternative dispute resolution mechanism faster, more cost-effective, and less formal than traditional litigation.

One of the most significant advantages of incorporating an expedited arbitration clause into contracts is the assurance of promptly making final and binding decisions. With this provision in place, both parties agree on specific deadlines for each stage of the arbitration process, from selecting an arbitrator to submitting evidence and documentation. This defined timeline eliminates delays often associated with traditional lawsuits where court schedules can be unpredictable, causing prolonged legal battles that drain resources.

The streamlined nature of expedited arbitration also plays a crucial role in ensuring finality in decision-making processes. Unlike lengthy court proceedings where there may be multiple opportunities to appeal judgments, arbitration limits such possibilities, allowing parties to reach conclusive settlements quickly. Finality in decision-making saves time and money and brings closure to all parties.


Conclusion - Why Should All Small Businesses Use Expedited Arbitration Services?

 

In today's fast-paced business world, time is of the essence for small businesses. Every minute counts and any delay or dispute can significantly impact their operations and bottom line. All small businesses must consider incorporating expedited arbitration services in their contracts and agreements.

 

Expedited arbitration services provide an efficient and cost-effective alternative to traditional litigation or mediation processes. Unlike court proceedings that can take months or even years to resolve, expedited arbitration allows parties to resolve disputes much quicker – typically within a few weeks.

 

Still have questions, send us an email to sign up for one of the free webinars at info@EAS.Legal

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