What is Arbitration
Arbitration is a private, legally binding dispute resolution process where a neutral arbitrator, or panel of arbitrators, makes a final decision on a dispute outside of court. It is often faster and less expensive than traditional litigation, and parties typically have a role in selecting the arbitrator. While arbitration involves presenting evidence and arguments like a trial, it generally has less rigid procedures and can be a final decision-maker for the dispute.
Process
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Parties present their case to a neutral third party (an arbitrator) instead of a judge or jury.
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The arbitrator considers the facts and arguments to make a final, binding decision.
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Decisions are final and can be enforced by a court, with very limited grounds for appeal.
How it works
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Often, parties agree to arbitration in a contract before a dispute even arises.
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It can be voluntary or mandatory.
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Procedures can be similar to a trial, including submitting briefs, introducing documents, and hearing witness testimony.
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However, arbitrators are not always bound by the same strict rules of procedure or evidence as a court.
Advantages
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Speed and cost: Generally faster and less expensive than litigation.
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Flexibility: Parties can select an arbitrator with specific expertise relevant to their dispute.
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Privacy: It is a private process, unlike public court proceedings.
