Arbitration

The attorneys of Davis, Frawley, Anderson, McCauley, Ayer, Fisher & Smith assist clients in the alternative dispute resolution process of arbitration involving many areas of law and at different stages of disputes and litigation.

Arbitration is a form of Alternative Dispute Resolution where the parties select an individual or members of a panel to serve as the Arbitrators for the dispute.  Arbitrators decide the outcome of the case including all legal and factual issues, just like a Judge and Jury in traditional litigation.    An entire case can be arbitrated, or certain parts of a case may be arbitrated either by Order of a Court or by agreement of the parties.  The Davis Law Firm has experience representing clients in arbitrations before single Arbitrators and three-member Arbitrator panels in South Carolina, including those arbitrations conducted pursuant to the American Arbitration Association (AAA) rules. At the Davis Law Firm, Lisa Lee Smith is a Certified Circuit Court Arbitrator, certified by the South Carolina Supreme Court's Board of Arbitrator and Mediator Certification.  More information about those services can be found at the Mediator-Arbitrator link.

In arbitration, the rules of evidence and procedure typically apply the same as they would in traditional litigation before a Court.  However, there can be limitations to the extent of discovery allowed and procedures agreed upon by the parties for use in the final hearing by the panel.  In some cases, proceeding to Arbitration can provide the parties with a quicker and more efficient resolution of their disputes.

Many contracts contain arbitration clauses or requirements and the attorneys at the Davis Law Firm are experienced in the drafting of those provisions, the interpretation of those contractual clauses and in representing clients as to the enforcement of arbitration requirements in contracts.  As a general rule, South Carolina Courts favor the enforcement of arbitration clauses in contracts, but a complete evaluation of the particular clause and facts of a dispute would be necessary to determine the enforceability of a particular arbitration requirement to a particular set of facts.  The Davis Law Firm attorneys are prepared to assist clients with this issue.

Related Areas: Alternative Dispute Resolution, Mediator-Arbitrator, Mediation, Special Referee, Civil Litigation, Plaintiff Litigation, Personal Injury Litigation, Defense Litigation, Real Estate Litigation, Estate and Trust Litigation / Probate Litigation / Fiduciary Litigation

Arbitration Attorneys

Patrick J. Frawley

(Ph) (803) 359-2512

(Fa) (803) 359-7478

Lisa Lee Smith

(Ph) (803) 359-2512

(Fa) (803) 359-7478