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Arbitration FAQs
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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, …
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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 …
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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 …
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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 …
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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 …
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How Does The Arbitration Process Generally Work?
A: 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 …
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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 …
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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 …
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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 …
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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 …
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Alternative Dispute Resolution Sub-categories
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