Judge Elaine Gordon, (ret.)

__________________________

“I appreciated Judge Gordon’s
preparation for the proceeding.
My client was impressed by her
plain-spokenness and down-to-earth attitude. I look forward to the Next Time!”

— Defendant’s Counsel

Arbitration

Arbitration is a private and strictly confidential process, in which Judge Gordon acts as the Arbitrator and renders a decision after at the end of a hearing. Because the arbitration begins with an agreement on how to structure the proceeding, the parties can custom design their arbitration to meet their specific needs. It is private litigation. The parties, and their respective counsel, decide what issues to arbitrate; the scope of discovery; the time and location of the hearing; and how evidence will be presented. The 3 most popular forms of Arbitration are:

Binding Arbitration
The parties give up their right to a trial and ask Judge Gordon to hear their case and make a decision. The decision is final and binding and reviewable under only limited circumstances by statute.

High/Low Arbitration (Bracketed Arbitration)
The parties will have agreed in advance to the High/Low limits of the financial award prior to Judge Gordon hearing the case. If the Judge’s award is lower than the agreed upon lower limit, the agreed upon lower limit is paid. If the Judge’s award is higher than the agreed upon higher limit, the agreed upon higher limit is paid. If Judge Gordon’s award is between the agreed upon high/low limits, the award is binding on the parties.

Issue – Based Arbitration
Sometimes only one or a limited number of issues prevent a case from reaching settlement. In issue based arbitration, the parties agree to allow Judge Gordon to decide any unresolved issues. The decision is binding on all parties and becomes part of the final settlement agreement.

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