Arbitration in the United States: Difference between revisions
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<b>Arbitration,</b> in the law, is an administrative alternative to the courts |
<b>Arbitration,</b> in the law, is an administrative alternative to the courts whereby the parties (sides) to a dispute submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s)) for resolution. If either side appeals the result to a court, that court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral decision. Some states have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal. |
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Some states have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution, familiy law (particularly child custody) being a prime example. |
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No definitive statement can be made concerning the credentials or experience levels of arbitrators, although some states have established standards for arbitrators in certain fields. Generally speaking, the credibility of an arbitrator rests upon reputation, experience level in arbitrating particular issues, or expertise/experience in a particular field. |
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Revision as of 18:14, 28 December 2001
Arbitration, in the law, is an administrative alternative to the courts whereby the parties (sides) to a dispute submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s)) for resolution. If either side appeals the result to a court, that court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral decision. Some states have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal.
Some states have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution, familiy law (particularly child custody) being a prime example.
No definitive statement can be made concerning the credentials or experience levels of arbitrators, although some states have established standards for arbitrators in certain fields. Generally speaking, the credibility of an arbitrator rests upon reputation, experience level in arbitrating particular issues, or expertise/experience in a particular field.