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 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.
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.
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.
Arbitration is an increasingly popular alternative to traditional court proceedings, particularly in disputes relating to property and financial matters.
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.
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.
Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.