Received an Unfavorable Ruling from an Arbitrator? What Can be Done?
There are two basic options available you can either appeal the arbitrator’s decision or you can appeal it. If you do not appeal the award then it will then become a final judgment. However, if we appeal the arbitration award then your 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 miss this date.
B. Deposit for Appeal- At the time of filing the notice of appeal of arbitrator's decision, you must deposit with the Clerk $140. 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.