Arbitration, simply speaking, is an alternative to the traditional court-room type of litigation. Arbitration has become a growing form of alternative dispute resolution. Unfortunately, arbitration has its issues including:

• Increased cost

• Lack of evidentiary rules

• Lack of procedures

• Lack of subpoena power

• Risk of bias

• Lack of appellate remedies

• And most importantly, waiver of your 7th Amendment right to a jury of your peers 

Jeff Diamant, P.C. has extensive experience in handling arbitration matters including challenging mandatory arbitration provisions as well has handling arbitrations in a wide variety of litigation matters. In fact, Jeff Diamant was recently successful in challenging a mandatory arbitration provision and avoiding costly arbitration in a nursing home context. This successful challenge was appealed, and interestingly, during the pendency of the appeal, CMS (Center for Medicare Services) passed a new rule prohibiting nursing homes who use arbitration provisions from receiving Federal Medicare funds.

No matter what your litigation matter regards, the decision of whether to arbitrate is a complex decision, but either way, our experience is well tailored if your goal is to avoid arbitration, or simply to prevail in the arbitration.