Question
Arbitration is a method of alternative dispute resolution. Which of the following best describes the process of arbitration? a. The parties meet before a neutral
Arbitration is a method of alternative dispute resolution. Which of the following best describes the process of arbitration?
a. | The parties meet before a neutral third person called an arbitrator. The arbitrator will usually be skilled in the area of the dispute. They are more active than a mediator in that they will express an opinion about the relative positions of the parties and suggest possible solutions. | |
b. | The parties appear before an impartial third person (an arbitrator) who considers the merits of each case and then makes a decision that is binding on both parties. | |
c. | Arbitration requires the parties to engage in lengthy discussions with one another in order to try to reach a mutually beneficial outcome. Arbitration does not involve any independent third party. Arbitration is the most similar ADR method to Court proceedings. | |
d. | Arbitration involves the parties or their legal representatives engaging directly in order to find some form of mutually acceptable solution to their dispute. Arbitration normally requires that some compromises be made by both parties in order to reach a resolution. | |
e. | Arbitration requires the disputing parties to engage an independent third party to help them to arrive at an agreement. Such agreements are not legally binding. The role of the arbitrator is not to impose a solution but to help the parties explore the options available to them. |
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