IS LITIGATION YOUR FINAL ANSWER? 705
exhibits.^170 After the proceeding, parties may request a transcript
of the hearing and file post-hearing briefs.^171 Public arbitration
through courts is based on statutes and case law, whereas private
arbitration is based on contract, either before or after the dispute
has arisen.^172 In some instances, a party may appeal an
arbitrator’s decision in state court.^173 A party may also petition
the arbitrator if he believes that a procedural mistake has been
made, but typically a court will not review the merits of an
arbitrator’s decision.^174 In cases of private arbitration, an
arbitrator’s decision is appealable if the parties agree in
advance.^175
Many types of state-level mediation and arbitration programs
are available. Nonprofit organizations, like JAMS, the American
Arbitration Association (“AAA”), and Center for Conflict
Resolution,^176 and many state courts offer free or low-cost
mediation and arbitration services.^177 Additionally, many states
(^170) See RISKIN ET AL., supra note 152, at 374.
(^171) Id.
(^172) See id. Most states have adopted arbitration statutes modeled after the
Uniform Arbitration Act (“UAA”). Id. at 369.
(^173) Appealing Decisions, CTR. FOR CONFLICT RESOLUTION,
https://ccr.byu.edu/content/appealing-decisions/ (last visited Apr. 6, 2013).
However, time limits often apply: for example, in Utah, a party has ninety
days after the arbitrator issues the decision to appeal to a state court. Id.
(^174) Id.
(^175) See JAMS Optional Arbitration Appeal Procedure, JAMS,
http://www.jamsadr.com/rules-optional-appeal-procedure/ (last visited Apr. 6,
2013).
(^176) Many states have their own Center of Conflict Resolution, such as
Minnesota and Washington, and cities, too, like Chicago. See CTR. FOR
CONFLICT RESOLUTION – MINN., http://crcminnesota.org (last visited Apr. 6,
2013); CTR. FOR CONFLICT RESOLUTION IN CHI., http://www.ccrchicago.org
(last visited Apr. 6, 2013); Dispute Resolution Centers, WASH. STATE
COURTS, http://www.courts.wa.gov/court_dir/?fa=court_dir.dispute (last
visited Apr. 6, 2013).
(^177) For example, the New York City Civil Court and the Los Angeles
County Court offer free mediation programs. See Resolving Your Case, supra
note 164; Department of Consumer Affairs, CNTY. OF L.A.,
http://dca.lacounty.gov/tsMediation.html (last visited Apr. 6, 2013). The
Washington State Courts also offer Dispute Resolution Centers that provide
free services or use an income-based sliding fee scale. See Dispute Resolution