FREDERIC CANN ARBITRATION		Contact the Arbitrator e-mail: fec@cannlawyersusa.com
27th Floor, Wells Fargo Tower 1300 SW Fifth Avenue Portland, Oregon   97201-5617  USA	Phone: 503-226-6529 or 503-CANN LAW Fax: 503-228-6529

OPINIONS AND AWARDS

Opinions

    My practice in court annexed arbitration is to render a written opinion which sets forth the evidence that I heard, and the factual findings and legal conclusions that I made.  The written opinion is distributed to the parties but is not filed with the court.  If the parties wish to dispense with a written opinion, I will do so.  I prepare written opinions because I believe that if the parties understand how I reached my findings and conclusions it will allow them, especially the party or parties unhappy with the outcome, to make a better decision about whether to appeal back to the Circuit Court.

    In private arbitration, the traditional practice is not to render written opinions, beyond that required to satisfy the requirement that the arbitrator make findings with respect to each issue submitted so as to demonstrate that the arbitrator has made a complete award.

    What follows are examples of the written decisions in the typical kinds of cases which are heard in court annexed arbitration.  Take note that the outcome in each case depended upon the facts which were alleged and proved, and the concessions which each side made.  The names and other identifying facts of the cases have been removed.

Opinion One:     A lawsuit by a hospital for the value of services
Opinion Two:     A lawsuit for personal injuries from a rear end collision
Opinion Three:   A lawsuit arising out of the remodeling of a residence
Opinion Four:    A divorce involving property division and spousal support
Opinion Five:     A lawsuit to recover Personal Injury Protection benefits by a passenger in an auto accident
Opinion Six:      A divorce hearing where both husband and wife appeared without lawyers and there really was little in dispute
Opinion Seven:   A lawsuit arising out of a buyer's failure to complete a real estate transaction
Opinion Eight:    An opinion on a petition for attorney fees and cost bill
Opinion Nine:     A lawsuit involving a claim of breach of warranty in the sale of a small farm tractor
Opinion Ten:      A breach of a construction contract and an unlicensed contractor
Opinion Eleven:   A motion for summary award on a credit card debt

Awards

The award is a short document which sets forth the names of the parties, who won and lost, and the amount of the award.  I prepare it for filing with the court.  In divorce cases, the award is much longer because it must describe all the property of the parties and how it is divided.

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© Frederic Cann 2010
This page last updated 5/16/2010

DISCLAIMER This site is an advertisement for neutral arbitration services. Nothing contained here should be considered legal advice, and communication to the arbitrator should not be made for the purpose of obtaining legal advice.  The outcome of every case turns on its facts - which may be disputed, and the applicable law - which may be disputed, which may differ from jurisdiction to jurisdiction, and which may change.