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Arbitration
Arbitration is a private hearing or trial. The parties
agree to hire a private decision maker. The arbitrator hears
testimony and reviews other documents presented by each side
and then reaches a decision.
The parties must agree to participate in arbitration. However,
in some cases, the agreement to arbitrate was signed in a document
that preexisted the dispute, for example, in an employment
contract or a consumer financing agreement.
Frequently Asked Questions
IS ARBITRATION CONFIDENTIAL?
Arbitration, unlike mediation, is not by law a confidential
process. However, it is private in the sense that, unlike court
cases, no documents are open to public review and no decision
is on record unless and until the participants file one with
a court.
ARE LAWYERS INVOLVED IN ARBITRATION?
Usually, but not always, parties in an arbitration are represented
by attorneys. In some case, they may be represented by someone
like a union representative.
DOES ARBITRATION PRECLUDE ME FROM GOING TO COURT?
This depends on the agreement of the participants. Binding
arbitration means that the arbitrator’s decision is final
and cannot be appealed to a court. Nonbinding arbitration allows
a participant to try again in court. However, if a party appeals
to a court and loses, he or she may have to pay additional
fees or costs to the other party.