Arbitration Process For Dispute Resolution In Bronx
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Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Arbitration often involves a binding agreement and occurs when an arbitrator, often a lawyer, applies law and facts to the case resulting in a reward or solution. Mediation, which is non-binding, involves a mediator assisting both parties with communication, in hopes of coming to a shared agreement.
Types of ADR include arbitration, mediation, negotiated rulemaking, neutral factfinding, and minitrials. With the exception of binding arbitration, the goal of ADR is to provide a forum for the parties to work toward a voluntary, consensual agreement, as opposed to having a judge or other authority decide the case.
Arbitration In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
There are three commonly used methods of resolving disputes without going to court: negotiation. mediation. arbitration.
Advantages Efficient and Flexible: Quicker Resolution, Easier to schedule. Less Complicated: Simplified rules of evidence and procedure. Privacy: Keep it out of the public eye. Impartiality: Choosing the “judge” ... Usually less expensive. Finality: The end of the dispute. For employers, class action waiver.
Arbitration is an ADR process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination. Arbitration is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality than in an open court.
Here's a review of the three basic types of dispute resolution to consider: Mediation. The goal of mediation is for a neutral third party to help disputants come to a consensus on their own. Arbitration. In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. Litigation.
Mediation does not impose a solution and it is not binding until the parties reach and sign a settlement agreement. If a settlement cannot be reached, the parties are welcome to continue with the arbitration process. Unlike an arbitrator, a mediator has no power to decide a dispute.
