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.
During the arbitration hearing, the parties will present their cases to the arbitrator, who then considers the evidence and arguments. The hearing may be conducted in person, by video conference, or by other means agreed upon by the parties.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution. Negotiation is the least formal type of ADR.
The Five Steps to Conflict Resolution Step 1: Identify the source of the conflict. The more information about the cause of the conflict, the more easily it can be resolved. Step 2: Look beyond the incident. Step 3: Request solutions. Step 4: Identify solutions both disputants can support. Step 5: Agreement.
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.
An arbitration is a hearing where a commissioner gives both parties an opportunity to present their cases regarding the issue in dispute by leading evidence, presenting documents, cross examination of witnesses, and even conducting of inspection of premises, where that is necessary.
Definitions of ADR Processes. Arbitration: a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome. Arbitration is less formal than a trial and the rules of evidence are often relaxed.