Expert: Timmy Chou - 8/6/2009

Question
Thank you in advance! My brother has gone through the arbitration process for wrongful termination against the City of Concord, California. Both sides rested their cases in June, 2009. Our question is, is there a time limit after the cases have been rested for the arbitrator to make his decision (i.e. 30 days, or 90 days, etc.)? My brother can't seem to get a straight answer from his lawyer, and apparently the city is making lowball offers of reinstatement to a lower position that he will refuse. He would rather let the arbitrator make his decision and abide by that (his case went very well). Thank you very much for your time.

Answer
Thanks for your question!

Unlike litigation conducted in State and Federal Courts, arbitration is very industry and location specific in how it is conducted and how it is administered.  Different venues have all developed unique and very different conventions and processes that they use in their specific situations.  Therefore, an arbitration between parties at the Postal Service is a completely different process than a military arbitration or procurement or contracting arbitration or real estate or human resource arbitration.  

Hence, other than a general form and rules of engagement, there isn't really a proscribed "procedure" that applies to all arbitration processes.  

Arbitration has a simple general approach that involves each side presenting their view of the dispute, and then some opening for less formal discussion and for the arbiter to ask questions and review evidence or documents, followed by a ruling.

Once an arbitration has occurred, what happens next also varies widely.  Sometimes the decision is entered as a stipulated judgment in a court, other times it is administered internally or through a Union or Trade organization.  Other times there is no post-judgment structure at all -- and the "winner" must still pursue additional actions to get satisfaction.  

I am sure that in your case there are fairly well accepted rules, though I cannot say if there is particular requirement for a ruling within a specified time frame.  (I think probably not, though I am just guessing)  See if you can consult others who have been through the process.  The City may have specific procedures you should be able to obtain independently.  Also, the City may maintain a list of arbiters they use.  If you can get the list (or of mediators) you can call another one on the list and see what they say.

Anyway some ideas for you.

hope this helps, good luck!