Question 1

What is arbitration and how does it work in Puerto Rico?

Accepted Answer

Arbitration is a private dispute-resolution process in which one or more neutral arbitrators hear the parties and issue a binding decision called an award. It is often used when contracts include an arbitration clause and can be faster and more confidential than going to court.

Question 2

Is an arbitration award enforceable in Puerto Rico?

Accepted Answer

Yes. Arbitration awards are generally enforceable and can be confirmed by a court, after which they carry the force of a judgment. Courts will only set aside an award in limited circumstances, such as fraud or a serious procedural defect, so the outcome is usually final.

Question 3

Should I agree to an arbitration clause in my contract?

Accepted Answer

Arbitration clauses can offer speed and privacy but also limit your right to appeal and to a public court process. Before signing, an attorney can explain the trade-offs, the rules that would govern, and where the arbitration would take place so you can make an informed decision.

Question 4

What is mediation and how is it different from arbitration?

Accepted Answer

Mediation is a voluntary process where a neutral mediator helps the parties reach their own agreement. Unlike arbitration, the mediator does not impose a decision; the parties stay in control. If they settle, the agreement can be put in writing and made enforceable.

Question 5

When is mediation a good option in Puerto Rico?

Accepted Answer

Mediation can be ideal when the parties want to preserve a relationship, save time and money, or keep the matter private. It is common in family, contract, and community disputes. Courts in Puerto Rico sometimes refer cases to mediation to encourage settlement.

Question 6

Do I still need a lawyer if I am going to mediation?

Accepted Answer

While a mediator stays neutral and cannot give you legal advice, having your own attorney helps you understand your rights, evaluate proposals, and ensure any settlement protects your interests. A lawyer can also review the final agreement before you sign it.

Arbitration & Mediation Lawyers in Puerto Rico

Eyck O. Lugo, Esq.

Julian R Rivera Aspinall

Frequently Asked Questions — Arbitration & Mediation

Frequently Asked Questions

Are you an Arbitration & Mediation attorney in Puerto Rico?