In business, there are bound to be disagreements. Whether it is a contract dispute or failed negotiation, business disputes are going to occur. It’s usually not personal, but business disputes can be a major roadblock and source of stress, especially when handled improperly. Settling disputes fairly and effectively is imperative. If handled poorly, dispute resolution can become a lengthy and costly ordeal involving weeks, months and sometimes even years of litigation and trial. While business disputes are unavoidable, litigation is. Here are some means of alternative dispute resolution that can help settle business disputes and avoid the headache and cost of trial.

Alternative Dispute Resolution

There are two main types of alternative dispute resolution:

• Mediation
• Arbitration

With mediation, a neutral third-party facilitates a dialogue between two parties who negotiate a resolution themselves. While a mediator may make recommendations or suggestions for resolution, it is up to the conflicting parties to reach an agreement. Whereas with arbitration, an appointed arbitrator or arbitration panel determines the outcome of the resolution of a dispute. Although arbitration is similar in practice to trial, it is usually a much quicker and less costly method of dispute resolution than traditional litigation.

Ensuring a Successful Resolution

The key to either manner of alternative dispute resolution is a willingness to cooperate. Conflicting parties need to make an effort to negotiate fairly and openly with one another. It also helps if both parties are familiar with basic alternative dispute resolution procedures.

Resources for Dispute Resolution

Savage Villoch Law, PLLC is equipped to handle all forms of business disputes. We can assist our clients in both mediation and arbitration procedure and, if necessary guide them through the litigation process. Our team has a combined experience of over 20 years in helping resolve business disputes. Our team is also highly experienced in handling Financial Industry Regulatory Authority (FINRA) arbitrations. Contact us today if you need help in determining what path is the right one to resolve your dispute.

Settling Customer Disputes

Usually, disputes over securities brokerage/trading are settled through arbitration as opposed to traditional litigation. Though arbitration is the primary form of dispute resolution, mediation may also be used as an alternative. In most contract agreements between securities consumers and broker-dealers, arbitrations are written out as the means of dispute resolution and are subject to the governing rules and regulations of the Financial Industry Regulatory Authority (FINRA).

Arbitration

This process differs from traditional litigation in several ways:

• A neutral arbiter oversees the resolution process instead of a judge or jury
• Arbitrations have a limited grounds for appeal
• Arbiters follow FINRA’s Code of Arbitration Procedure instead of legal precedent
• Documents submitted during arbitrations are not generally made publicly available
• Arbitration is usually more timely and cost-efficient than litigation

FINRA Arbitrations

Several different procedures for arbitrations are addressed by FINRA, based on nature of disputes and value of claims.

• Simplified Arbitration
  • Claims valued under $50,000
  • Least costly method
  • One arbiter assigned to dispute
  • In-person hearings not necessary
• Arbiter Selection
  • Claim value $50,000 or less – 1 arbiter
  • Values of $50,000-$100,000 – 1 or 3 arbiter panel
  • Claims over $100,000 – 3 arbiter panel
  • Read FINRA’s FAQ for arbiter selection process
• Securities Firms Using FINRA Process
  • Bats BZX Exchange, Inc., Bats BYZ Exchange, Inc., Bats EDGA Exchange, Inc. and Bats EDGX Exchange, Inc.
  • BOX Options Exchange, LLC
  • Chicago Board Options Exchange (CBOE) and C2
  • IEX Group
  • International Securities Exchange, LLC (ISE), Gemini and Mercury
  • MIAX Options Exchange (MIAX)
  • Municipal Securities Rulemaking Board (MSRB) (a self-regulatory organization for municipal securities)
  • NASDAQ
  • NASDAQ OMX
  • New York Stock Exchange (NYSE)
  • NYSE Amex
  • NYSE Arca
• Customer Dispute Fees
  • Filing fee assessed based on value of claim. Typically $225-$4,000
  • Hearing session fees based on dispute amount and number of arbiters
  • Arbitrations may be subject to other assorted fees (administrative, adjournment, etc.)
• Filing a Customer Dispute
  • Visit the FINRA Office of Dispute Resolution website to find resources and information on filing a claim
  • Customers usually have 6 years from date of occurrence to file a claim, but other statute of limitations may apply
• Finding a Lawyer
  • Though hiring an attorney is not necessary for an arbitration, customers may opt for legal counsel to navigate the process. This requires an attorney skilled in securities disputes. Savage Villoch Law, PLLC has been fighting for clients involved in securities disputes for over 20 years. Contact us today to find out your options in protecting your financial investments.