Arbitration is a form of conflict resolution. Disputing parties on each side of a legal issue submit evidence to a neutral third party, who then determines the outcome. Although the entire process is handled privately and without the interference of courts, the arbitrator’s decision can be just as legally binding as a judge’s. Here’s more information about this common legal technique.

What It Involves

Each party presents their case to the arbitrator, much in the same way they would in a courtroom trial. There are opening statements, evidence presentations, and questions asked of each party. After the cases have been presented, the arbitrator issues a ruling to resolve the conflict. Depending on the nature of the case and the wishes of the parties involved, the decision may be legally enacted and supported by the courts, or it could be advisory and subject to the approval of both parties.

How It Differs From Litigation & Mediation

Litigation tends to be much more formal, involved, and time-consuming than arbitration. The decisions reached in litigation are always legally binding and can’t be advisory.

Mediation is another form of dispute resolution, but it relies on the input and negotiation of both parties involved in the conflict. In mediation, the parties work together to reach mutually agreeable conclusions, while in arbitration, the parties have little say in the outcome as it rests in the hands of the arbitrator.

When It’s Used

Arbitration is widely employed in both the public and private sectors to address a wide range of civil litigation issues. It’s often used when a quicker, less-costly alternative to litigation is needed. Also, arbitration is more flexible than litigation since the parties choose their arbitrator and determine if the ruling will be legally binding or advisory.

Since the terms of arbitration are private, litigants often choose this option when confidentiality is important. Arbitration can be conducted between parties in different jurisdictions, so it’s preferable for litigants who aren’t in the same geographic region. It’s also used for particularly specialized legal matters, as an arbitrator can be an expert on the issue while a court judge may not.

If you’re looking for assistance with arbitration, contact the skilled legal team at Everett Cuskaden & Associates ALC, in Honolulu, HI. For over 35 years, these professionals have provided Oahu clients with sound legal counsel and representation on a variety of civil cases. View their services online, or call (808) 545-1331 to schedule a consultation.