An Arbitration-Only ADR Service
Are you and your clients growing weary of:
Litigation with its ever-increasing delays, hung juries, appeals, and other expenses in our cash-strapped court system?
Mediations conducted by $500/hour retired judges, a whole day at a time, often using tired old tactics, such as alarming the parties about our legal system, splitting the difference, tossing a coin, seeking apologies, or disclosing a mediator’s assistant’s opinion of the case?
Judicial arbitrations rarely being taken seriously because they do not result in final, binding decisions?
Private arbitrations that are almost as costly and lengthy as a court case?
Haggerty Arbitrations is an economical, arbitration-only, alternative dispute resolution (ADR) service that can promptly, rationally, and respectfully resolve your cases with finality. Its principal, John K. Haggerty, Esq., conducts arbitration hearings at which your office presents the applicable law and evidence. He then provides a decision, supported by a written opinion, setting forth the legal and factual bases of the decision.
Haggerty Arbitrations enables your clients to resolve their high-five-to-seven-figure cases (involving business, employment, and personal injury disputes) by means of a low-cost hearing pursuant to a pre-incident contractual arbitration clause or post-incident agreement (stipulation) to arbitrate. Some hearings can be completed within a day. The parties can further shape the resolution of their cases by agreeing to a high-low arbitration. The remainder of this page briefly discusses the following topics:
The remaining pages of this website set forth Haggerty Arbitrations’: (1) Rates; (2) Rules and Procedures; (3) Forms; (4) Disclosures; and (5) Contact information.
Advantages Of An Arbitration-Only ADR Service: Haggerty Arbitrations is uniquely focused on arbitrations. It does not conduct mediations because mediations involve methods and skills sets that are different from those used in arbitration. Whereas arbitrations focus on the law, evidence, and reason (and prohibit ex parte communications), mediations focus on the costs and uncertainties of litigation (and rely heavily upon ex parte communications and psychological techniques to prod the parties into a settlement). Arbitration more rationally resolves disputes by applying the law to the facts, presented at a hearing, to arrive at a final decision, supported by a written opinion, in a prompt, respectful, and economical manner.
Arbitration was the predominant form of ADR in this country until the 1990’s when many became dissatisfied with: (a) the increasing costs, delays, and formality of private arbitration; and (b) the manner in which judicial arbitrations were handled. Mediation then rose in popularity. Recently, however, many have begun to question whether mediation is the panacea it was once perceived to be. In the current economy defendants are less willing to part with their money and plaintiffs are less willing to discount their claims. As a result, mediations have become lengthier and less successful. Mediations also enable parties to delay a case and seek more information about their opponents.
Haggerty Arbitrations provides a rational, respectful, and economical alternative to mediation which allows the parties to promptly obtain a final result that is more directly based on the law and facts of their case. This unique commitment to the values of arbitration can be of assistance to your clients. Return above
Additional Option Of High-Low Arbitration: Since the decisions of Haggerty Arbitrations are final and binding, parties are invited to consider the further option of agreeing to a high-low arbitration. In high-low arbitrations the parties agree that a plaintiff shall receive at least a certain amount and that a defendant shall not pay more than a certain amount, notwithstanding what the arbitrator decides. Thus, in a $200,000 to $300,000 high-low arbitration, the plaintiff will receive no less than $200,000, even if the arbitrator finds no damages, and the defendant will pay no more than $300,000, even if the arbitrator finds damages of $400,000. However, if the arbitrator finds damages of $250,000, the defendant must pay $250,000.
High-low arbitration agreements enable parties to further shape the final resolution of their cases. (It is recommended that neither the parties nor their attorneys disclose the existence or contents of any such agreement to Haggerty Arbitrations since such agreements do not constitute any evidence of liability or damages.) Return above
Avoidance Of Ex Parte Communications: As arbitrator, Haggerty Arbitrations may not communicate alone with less than all of the parties/attorneys to a case (except where an in camera review is required). Thus, all communications with Haggerty Arbitrations (other than at a hearing) must be by e-mail, facsimile, overnight delivery, or mail (not by telephone or in-person) and must state that copies have been sent to each of the other attorneys and self-represented parties in the case. This requirement includes all preliminary communications (e.g., stating that the parties have agreed to Haggerty Arbitrations serving as arbitrator, scheduling a hearing date, or discussing any other subject). Return above
About John K. Haggerty, Esq.: From 1987 to 2011 John K. Haggerty worked as an independent California attorney assisting over 25 law firms in various business, employment, and personal injury cases in which he served numerous plaintiffs and defendants at both the trial and appellate court levels. As a result, he is intimately familiar with: (a) the substantive and procedural laws of this state; and (b) the dynamics of modern litigation. He also served as a judicial arbitrator for the Santa Clara County Superior Court until it became apparent to him that judicial arbitrations were not being handled with sufficient seriousness. Mr. Haggerty received his J.D. degree from U. C. Hastings College of the Law in 1987 and his B.S. degrees in Accounting and Political Science from Santa Clara University in 1984. Return above
How To Initiate An Arbitration With Haggerty Arbitrations: If, upon reviewing the Rates, Rules, Forms, and Disclosures pages of this website, you and your clients agree that using Haggerty Arbitrations is the most appropriate way to resolve a dispute, invite the attorneys for the other parties to review this website and ask their clients if they will also agree to Haggerty Arbitrations serving as arbitrator. (Note: To avoid any ex parte communications, Haggerty Arbitrations will not communicate with the parties or their attorneys until after it has first received their written agreement that it shall serve as the arbitrator of their dispute.)
In the event the parties agree that Haggerty Arbitrations shall serve as arbitrator, please forward the following documents to Haggerty Arbitrations' office (Contact):
1) the original of the Arbitration Service Contract, signed by each party and attorney;
2) the original, separate responses of each of the attorneys/self-represented parties to the Arbitration Questionnaire; and
3) a copy of the parties' pre-incident contractual arbitration clause or post-incident agreement (or stipulation) to arbitrate.
If the Questionnaire responses reveal no conflict of interest, Haggerty Arbitrations will promptly schedule a hearing. (See also Rules, Nos. 1-5.) Return above
Thank you for the time you have spent considering the contents of this website. Haggerty Arbitrations looks forward to conducting hearings and rendering decisions that will resolve your clients' disputes in a prompt, respectful, and economical manner.