Arbitration is a non-voluntary alternative dispute resolution process. Unlike mediation, a knowledgeable, independent, and impartial third party is empowered to make a decision. The arbitrator hears the disagreement between one or more parties and after considering all relevant information renders a final decision in favor of one of the parties. Arbitration decisions may be either binding or non-binding, depending on the terms of the arbitration agreement. Binding arbitration decisions may be confirmed by a court and carry the same significance as a court judgment.
1) The arbitrator (or panel of arbitrators) make(s) the decision called an “arbitration award:
2) The arbitration does not take place in a courtroom.
3) The arbitration award is binding. With rare exceptions, there is no right to appeal.
4) Arbitration is not a matter of public record. The proceedings are private and confidential. Generally there is not a court reporter or written transcripts.
5) Discovery or the process by which lawyers generally prepare their cases is extremely limited and subject to agreed upon guidelines.
6) The rules of evidence are relaxed so that the parties have a broader scope, more expanded opportunity to tell their stories;
7) With very few exceptions, it is much less expensive than legal litigation.
8) An arbitration time frame is substantially less than that of litigation and going to trial.
9) No jury. The Arbitrator(s) maintain neutrality and conflicts of interests.
10) Generally, all paperwork and evidence presented are destroyed after the Arbitration.
11) The Arbitration and Arbitration Award does not have to adhere to Judicial Case precedent nor formality of traditional court proceedings.
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