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How Does The Arbitration Process Generally Work?

The arbitrator initiates the hearing by swearing in the parties and witnesses who will testify. The parties then give opening arguments and present both documentary (usually written) and testimonial (oral) evidence. The attorneys are allowed to question witnesses and the arbitrator may ask questions if necessary. Rebuttal questions are also allowed. In some systems, the parties can have a Document Hearing, where the arbitrator studies the paperwork or electronic documents submitted by each party, makes a decision and issues an arbitration award. Or the parties may opt for a Participatory Hearing where each party submits evidence and appears before an arbitrator who studies the evidence , makes a decision, and issues an arbitration award. The arbitration decision or "award" is legally enforeceable and often reviewable by the courts.

Other Arbitration FAQs

Q: What Is Arbitration?
A: Arbitration is referral of a dispute to one or more impartial persons (nonparties) for final and binding determination (resolution). When the decision is binding, … More
Q: Why Use Arbitration Instead Of Going To Court ("litigation")?
A: The American Bar Association estimates that as many as 100 million Americans are shut out of the legal system due to the high cost of justice. In a 1999 survey, the … More
Q: How Do You Apply For Arbitration?
A: Typically, to begin an arbitration, one party completes an arbitration claim form, files it with the arbitration administrator and pays and a filing fee, if any. The … More
Q: What Is "Med-Arb" And Why Use It?
A: "MedArb," short for "mediationarbitration," is a twostep dispute resolution process that borrows from both methods of dispute resolution. Parties … More
Q: Are There Different Forms Of Arbitration? What Are The Differences?
A: Arbitration can be either binding or nonbinding. Binding arbitration is final and generally the outcome cannot be appealed. Nonbinding arbitration is … More
Q: Are The Arbitration Proceedings Completely Confidential?
A: Arbitration hearings, unlike trials, are not open to the public. Everything discussed is done so in private and, in the context of the hearing, is confidential. Any … More
Q: How Is The Arbitrator Selected For The Proceeding?
A: Under the rules of the American Arbitration Association, arbitrators are selected by having each side strike (remove) any unacceptable arbitrators from a list of … More
Q: What Is The Aaa?
A: The American Arbitration Association is a private, nonprofit organization that provides guidance and rules for parties to follow in private arbitrations. It also … More
Q: Can You Choose Your Own Arbitrator Instead Of Going To The Aaa?
A: Parties who choose to find their own arbitrator rather than using the services of organizations like the AAA or the National Academy of Arbitration (NAA) can use … More

Alternative Dispute Resolution Sub-categories

Mediation