How to Appeal an Arizona Arbitrator’s Ruling
There are two basic options available to a party once an arbitrator has made their ruling. One, a party can let the Arizona arbitrator’s decision stand or secondly you can appeal it. If a party does not appeal the arbitrator’s ruling then it will become a judgment. However, if a party appeals the arbitration award then the case will continue moving forward in the Superior Court as if the arbitration hearing and arbitrator’s award had never happened.
I. LET THE ARBITRATOR’S DECISION STAND
A. Arbitrator’s Decision Becomes Final– If you do not appeal the arbitrator’s decision within 20 days, then their decision will become a formal judgment!
II. APPEAL THE ARBITRATOR’S DECISION
A. Notice of Appeal– Within 20 days of the Arbitrator’s decision you must file a notice of appeal with the Arizona Court. The notice will state: “Notice from Arbitration and Motion for Trial Setting”. This Notice of Appeal must be filed within 20 days from the date of the Arbitrator’s decision.
B. Deposit for Appeal– At the time of filing the notice of appeal of arbitrator’s decision the appealing party must deposit $140 with the Clerk of court. If you are ultimately deemed to be the prevailing party then the deposit will be returned to you. However, if you are the losing party then the court will give your deposit to the opposing party.
C. Downside to Appealing the Arbitrator’s Award– The case will continue moving forward and with that comes the cost, stress, and time associated with litigating the case. Additionally, as their attorneys’ fees continue to mount it increases your risk exposure if you were to take this case to trial and lose.
Appealing an Arbitrator’s decision is a serious decision that must be made while weighing the pros and cons of moving forward. If you have questions about appealing an Arizona arbitrator’s award then contact the Dunaway Law Group by clicking HERE or calling us at 480-389-6529.