What is Arbitration?

Arbitration is a common form of Alternative Dispute Resolution (ADR) that is used in the resolution of claims without going to court. Arbitration can be either voluntary or mandatory and either binding or non-binding.

Mandatory arbitration can only come from a statute or from a contract that has been voluntarily entered. Mandatory arbitration occurs when the parties have agreed to hold all disputes to the proceedings of arbitration prior to knowing if a dispute will ever occur.

Binding or non-binding arbitration is based on statutes or previous agreements between the parties that the claim has arisen from. Non-binding arbitration is very similar to mediation where the arbitrator attempts to find a middle ground between the parties. However binding arbitration occurs when the parties agree beforehand that one or more arbitrators will make a decision and they will be bound by that decision.

Clinton J. Ford M.S… has been involved in arbitration hearings as an expert witness over the years and can assist you or your clients in this matter.