Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.
Solid Reasons and Ideas on hiring a Certified Appraiser as an Arbitrator:
1. Have the equipment appraiser give the High value (Fair Market in Continued Use), the Mid value (Fair Market or Orderly Liquidation), and the low value (Forced Liquidation). And negotiate based on those numbers.
2. By using one unbiased independent appraiser you will save at least one appraisal fee and massive legal fees on both sides.
3. There will be no favorites – Both parties should be present and both parties should realize being helpful to this one appraiser will be best for their cause.
4. This keeps the appraiser from having any chance of being thrown out due to potential advocacy.
5. Split the Fee
Note: The hardest part of this scenario is coming to an agreement on who this appraiser should be. Use the guide and remember the general guidelines about using an appraiser from outside the area. You may have to pay travel fees but you can almost guarantee that appraiser is independently unbiased.
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