Arbitration Definition For Business In Massachusetts
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FAQ
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 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.
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'.
: to act as arbiter upon (a disputed question) : to settle (a dispute between two people or groups) after hearing the arguments and opinions of both. She arbitrated the dispute. 2. : to submit or refer for decision to an arbiter. agreed to arbitrate their differences.
As in most states, Massachusetts law allows parties to choose arbitration, rather than trial in the court system, to reach final resolution of their disputes. Parties agree on an impartial arbitrator with training and experience in the specific area of law involved in the dispute.
Superior Court 1. Each party acknowledges that the arbitration process, and in particular, the Arbitrator's award, is binding on all parties and not subject to appeal or review by any judicial or administrative process (except as provided in G.L. c. 251, §§ 9, 12, and 13).
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Typically, the parties elect arbitration in an arbitration clause included in their original contract, signed well before any dispute arises. In other cases, after a dispute arises, the parties may agree to seek arbitration by signing a post-dispute referral to arbitration.
