How to Appeal an Arbitrator
There are two basic options available to a party once an arbitrator has made their ruling. 1. You can let the arbitrator's decision stand or, 2. You can appeal it. If a party does not appeal the arbitrator's ruling then it will become a judgment. However, if a party appeals the arbitration award then the case will continue moving forward in the Superior Court as if the arbitration hearing and arbitrator’s award had never happened.
I. LET THE DECISION STAND
A. Decision Becomes Final- If you do not appeal the arbitrator’s decision within 20 days then that decision will become a judgment against you and in essence the case will be over.
II. APPEALING THE DECISION
A. Notice of Appeal- Within 20 days of the Arbitrator’s decision you must file a notice with the Court that states: “Notice from Arbitration and Motion for Trial Setting”. This is extremely important, this is a firm cutoff and we cannot be missed.
B. Deposit for Appeal- At the time of filing the notice of appeal of arbitrator's decision the appealing party must deposit $140 with the Clerk of court. If you are ultimately deemed to be the prevailing party then the deposit will be returned to you. However, if you are the losing party then the court will give your deposit to the opposing party.
C. Downside to Appeal- Downside to Appealing the Arbitrator’s Award:
The case will continue moving forward and with that comes the cost, stress, and time associated with litigating the case. Additionally, as their attorneys’ fees continue to mount it increases your risk exposure if you were to take this case to trial and lose.