Terms in this set (168)

the resolution of a dispute by a neutral 3rd party outside the judicial setting, a contractual agreement to arbitrate any disputes deciding how the arbitrator will be selected and the how the hearing will be administered often used in labor dispute, medical malpractice, environmental disputes, commercial contract disputes, and insurance liability claims
send a demand to start arbitration which includes: the parties involved, the dispute issue, and the type of relief claimed. the opposing party responds which an agreement or disagreement that the dispute is arbitrable
typically use the Federal Mediation and Conciliation Services (government agency) or the American Arbitration Services (nonprofit)
usually each part picks one arbitrator, then pick a 3rd together then pick the procedural and substantive rules that will be followed
an arbitrator must follow the Arbitrators Code of Ethics which are honesty, impartiality, and subject-matter competence
Both parties present their case to a neutral 3rd party using council or representing themselves. the parties may introduce witnesses and documentation, may cross-examine, and offer closing statements, the fact finder offers a legally binding decision
the arbitrator takes an active role in the hearing, not official written record of the hearing is kept, rules of evidence are relaxed, arbitrators are not contained by precedents
an award is given, usually a compromise rather than win lose, and the arbitrator does not have to state any finding of facts, conclusions of law, or reasons to support but may be set aside if
1. the award was a result of corruption, fraud, or undue means
2. the arbitrator displayed bias or corruption
3. the arbitrator refused to postpose the hearing despite sufficient cause, refused to hear relevant evidence, or otherwise misbehaved to favor one of the parties
4. the arbitrator exceeded heir authority or did not use their authority to make a mutual, final, and definite award
more efficient and less expensive than litigation, more control over process, 3rd party has expertise in subject matter, an arbitrator has greater flexibility in decision making
panels used more often, appealing is difficult so injustice is likely to occur, may be giving up important civil rights or remedies, becoming more like litigation, too much privacy
binding arbitrary clause: a provision in a contract that all disputes must resolved in arbitration
submission agreement: a contract that specific arguments will be resolved through litigation
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