Arbitration

Definition

Arbitration is a form of alternative dispute resolution where parties agree to submit their conflicts to one or more arbitrators, who make a binding decision. This method allows parties to resolve disputes outside of traditional court settings, providing a quicker and often less costly resolution. It can play a significant role in streamlining the civil litigation process by reducing court caseloads and offering more flexible procedures compared to formal litigation.

5 Must Know Facts For Your Next Test

1. Arbitration can be mandatory if specified in a contract, often found in employment agreements or consumer contracts.
2. The arbitration process is usually less formal than court proceedings, allowing for more relaxed rules regarding evidence and procedure.
3. Arbitrators are typically experts in the field related to the dispute, which can lead to more informed decisions compared to a general judge.
4. Unlike court judgments, arbitration awards are usually final and have limited grounds for appeal, promoting quicker resolutions.
5. The Federal Arbitration Act provides the legal framework for enforcing arbitration agreements and awards in the United States.

Review Questions

• How does arbitration differ from traditional court litigation in terms of process and outcomes?
  • Arbitration differs from traditional court litigation primarily in its formality and procedures. While litigation follows strict rules of evidence and procedure enforced by a judge, arbitration is often more informal, allowing arbitrators to set their own rules. Outcomes in arbitration are typically binding with limited avenues for appeal, making it a faster resolution method compared to potentially lengthy court processes.
• Discuss the advantages of using arbitration as a method for resolving disputes instead of pursuing litigation.
  • Using arbitration presents several advantages over litigation, including speed and cost-effectiveness. Arbitration usually results in faster resolutions since it avoids the lengthy court schedules and procedural delays associated with litigation. Additionally, it tends to be less expensive due to reduced legal fees and shorter time frames. The privacy of arbitration also protects sensitive information from becoming public, which is often not the case in court.
• Evaluate how arbitration can impact the civil litigation process as a whole, considering both positive and negative effects.
  • Arbitration significantly impacts the civil litigation process by reducing the burden on courts and expediting dispute resolution. On the positive side, it alleviates congested court dockets and allows for specialized decision-making by knowledgeable arbitrators. However, critics argue that arbitration can limit parties' rights by restricting access to courts and appeal options, potentially leading to less favorable outcomes for consumers or employees who may feel pressured into accepting arbitration clauses.

Related terms

Mediation: A voluntary process where a neutral third party helps disputing parties reach a mutually acceptable agreement, but does not make binding decisions.

Litigation: The process of taking legal action in court, where a judge or jury makes the final decision based on the evidence presented.

Settlement:

An agreement reached between parties in a dispute that resolves the issue without going to trial, often negotiated before arbitration or litigation.