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However, in order for the arbitration agreement to be enforceable, the process agreed to must be fair and impartial and not “shock the conscience” of the reviewing court due to its substantial limitations and procedural roadblocks.

The assertion of the right to arbitrate the dispute is an affirmative defense. It must be stated in the answer. To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.

Each party (or their lawyer) makes an opening statement; Each party presents evidence, including witnesses and expert witnesses, if necessary; Each party makes a closing statement; The arbitrator makes an award (a legally binding decision).

(4) Mediation sessions are not open to the public. (5) The mediator may meet jointly or separately with the parties and may express an evaluation of the case to one or more of the parties or their representatives. The mediator shall advise the parties that the mediator's evaluation is not legal advice.

Cons: Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. Once the arbitrator makes a decision, it's usually final unless there was a substantial legal oversight.

Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.

In the mediation process, the mediator helps the parties identify important issues, clarify misunderstandings, explore solutions, and negotiate a settlement rather than having a costly and time-consuming trial.

Sec. 1. (a) A written agreement to submit to arbitration is valid, and enforceable, an existing controversy or a controversy thereafter arising is valid and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.