A person to whom the authority to settle or judge a dispute is delegated. A private, neutral person chosen to arbitrate a disagreement, as opposed to a court of law. An arbitrator could be used to settle any non-criminal dispute, and many business contracts make provisions for an arbitrator in the event of a disagreement. Generally, resolving a disagreement through an arbitrator is substantially less expensive than resolving it through a court of law.
Arbitrator: a person or entity appointed to settle disputes or disagreements between parties by making a final and binding decision, often through a process of mediation and negotiation. An arbitrator is typically chosen for their impartiality, expertise, and ability to facilitate a fair and equitable resolution.
n. one who conducts an arbitration and serves as a judge who conducts a “mini-trial,” somewhat less formally than a court trial. In most cases, the arbitrator is an attorney, either alone or as part of a panel. Most court jurisdictions now have lists of attorneys who serve as arbitrators. Other arbitrators come from arbitration services that provide lists from which the parties can agree on an arbitrator (many of whom are retired judges—even “People’s Court” Judge Wapner is on such a panel in Los Angeles County). There is also the American Arbitration Association, which usually has a panel of attorneys chosen by the association. Professional arbitration services are paid well to move cases along. There are also arbitrators who are experts on everything from construction to maritime damage. In some contracts, there is a provision for an expert-type arbitrator named by each side, with a third chosen by the other two.
A private, neutral person chosen to arbitrate a disagreement as opposed to a court of law. An arbitrator could be used to settle any non-criminal dispute, and many business contracts make provisions for an arbitrator in the event of a disagreement. Generally, resolving a disagreement through an arbitrator is substantially less expensive than resolving it through a court of law.
The arbitrator is the person who conducts the arbitration. Arbitration has become one of the most common means of resolving disputes without holding a trial. Arbitrators are generally a neutral third party (often a judge or attorney) and make a decision which is generally binding to the participants. When the arbitrator makes their decision, they will decide an award or compensation payment to for each of the parties in the case. Arbitrators can generally decide a case in a day to a day and a half. If there are multiple parties in the case, it can take longer for the arbitrator to make their decision
Arbitrators need to have at least a bachelor’s degree, although many states and employers require arbitrators to have a law degree and some experience as a practicing lawyer. Many arbitrators have a master’s degree in law or another related field and many have completed an internship. Certification can also be helpful. Arbitrators can also expect to continue ongoing education and training courses to keep their skills current.
Q: What is an arbitrator? A: An arbitrator is a neutral third party who is appointed to resolve disputes between two or more parties. They act as a judge and make a binding decision, known as an arbitration award, based on the evidence and arguments presented by the parties involved. Q: How does arbitration differ from litigation? A: Arbitration is an alternative dispute resolution method that is less formal and more flexible than litigation. It allows parties to resolve their disputes outside of the court system, with the arbitrator acting as a private judge. Arbitration is generally faster, less expensive, and more confidential than litigation. Q: How is an arbitrator selected? A: The selection of an arbitrator can be done through various methods. Parties can agree on a specific arbitrator, or they can choose from a list of arbitrators provided by an arbitration institution. In some cases, the court may appoint an arbitrator if the parties cannot agree. Q: What qualifications should an arbitrator possess? A: An arbitrator should have a strong understanding of the law and the subject matter of the dispute. They should be impartial, independent, and have the necessary experience and expertise to handle the specific type of dispute. Additionally, arbitrators should have good communication and decision-making skills. Q: How long does the arbitration process typically take? A: The duration of arbitration varies depending on the complexity of the dispute, the number of parties involved, and the availability of the arbitrator. While some cases can be resolved within a few months, others may take longer, especially if there are multiple hearings or extensive document review. Q: Can the arbitration award be appealed? A: In most cases, the arbitration award is final and binding, with limited grounds for appeal. The grounds for appeal are usually limited to serious procedural irregularities or if the arbitrator exceeded their authority. Parties generally have a very narrow scope for challenging the award. Q: How much does arbitration cost? A: The cost of arbitration depends on various factors, such as the complexity of the dispute, the number of hearings, and the arbitrator’s fees. Generally, arbitration is considered more cost-effective than litigation, but it can still involve significant expenses, including filing fees, administrative costs, and legal representation fees. Q: Is arbitration confidential? A: Yes, arbitration proceedings are typically confidential. Unlike court cases, which are generally open to the public, arbitration offers a higher level of privacy. This confidentiality helps protect sensitive business information.
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This glossary post was last updated: 11th April, 2024.
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