the settlement of a dispute by an independent third person, rather than by a court of law. Arbitration allows for claims or grievances to be settled quickly, cost-effectively, privately, and by somebody who is suitably qualified. A contract may include an arbitration clause to be invoked in the case of a dispute. Mediation is a related term.
Wiktionary Definition for: Arbitration
the act or process of arbitrating
a process through which two or more parties use an arbitrator or arbiter in order to resolve a dispute
In general, a form of justice where both parties designate a person whose ruling they will accept formally. More specifically in Market Anarchist (market anarchy) theory, arbitration designates the process by which two agencies pre-negociate a set of common rules in anticipation of cases where a customer from each agency is involved in a dispute.
Mandatory arbitration clauses in insurance policy forms are meeting regulatory antagonism in several states, but opponents have a difficult case to make. With passage of the Federal Arbitration Act and arbitration acts in nearly every state, legislatures and courts widely embrace arbitration, finding it to serve the public interest. ...
Grievances which are not satisfactorily settled under negotiated grievance procedures are subject to arbitration. Arbitration is a process in which an impartial third party, the arbitrator, is chosen by the union and management to render a final and binding award after hearing and reviewing the evidence. Arbitration can be costly,...
GOLDEN, Colo. -- Health Grades, Inc. (Nasdaq: HGRD) today announced that an arbitration panel from the American Arbitration Association ruled in HealthGrades' favor in its arbitration with Hewitt Associates LLC Hewitt. The arbitration related to a Development and Services Agreement (the "Agreement") HealthGrades and Hewitt entered into on June 30,...
Many observers recommend that arbitration agreements include a good mediation system to ensure their effectiveness. Both mediation and arbitration fall into the general category of alternative dispute resolution, but what’s the difference between the two, really? Read the article to know the difference between Mediation and Arbitration.
The signs and billboards along Alabama highways claiming that Arbitration is the equivalent to a "License to Steal" leaves little room for doubt that Alabama is a political battlefield for consumer arbitration law. Although arbitration is a forum that has been around for a long time, (1) Alabama citizens and...
Many employers are convinced that the benefits of binding arbitration far outweigh the costs, and with the Supreme Court ruling in Circuit City, arbitration agreements will doubtlessly be embraced by a growing number of employers as the preferred means for dispute resolution. If you choose to implement an arbitration agreement,...
From the executive summary: ‘Today, a large percentage of the United States workforce is covered by some sort of Alternative Dispute Resolution ADR or arbitration agreement. Mandatory arbitration is a rapidly growing, dynamic area of employment law that provides many opportunities for creative employers. The paper reviews the legal trends...
In a recent case, the U.S. Supreme Court held that contracts of employment, which waive the rights of employees to pursue litigation in court, and provide for arbitration of all employment disputes, are enforceable under the Federal Arbitration Act FAA for employees in all industries except transportation. Although the Supreme...
This paper discusses the use of mandatory arbitration clauses in credit card agreements between issuers and consumers. The paper describes the arbitration process as a conflict resolution mechanism in the payment cards industry. It also provided a contextual overview of the Federal Arbitration Act of 1925, subsequent legislative actions, and...
Score one for the "little guy" in what the behemoth would consider an "upset" decision . . . U.S. District Court upholds $7.3 million arbitration award to South Florida telecom company over fraudulent business practices by Covad Communications
There are three clearly identifiable trends in the law of mandatory arbitration of employment related disputes: 1) Courts continue to uphold the basic presumption favoring arbitration as a means of resolving employment disputes, including statutory discrimination claims; 2) Many courts look for new and creative ways to deny enforcement of...
MINNEAPOLIS -- Based on consumer arbitration data spanning four years from the National Arbitration Forum, an independent Ernst & Young study confirms consumers win 55% of arbitrations against businesses
CHICAGO & MINNEAPOLIS -- Leading provider of alternative dispute resolution solutions partners with the American Bar Association to promote excellence in arbitration advocacy
WHEN THE FIFTH-LARGEST HOME builder in the country changes its policy on warranties and binding arbitration, builders notice--especially when arbitration is being touted as a key solution to construction defect lawsuits. WHEN THE FIFTH-LARGEST HOME builder in the country changes its policy on...
The Highest court has determined that nearly all employment claims can now be arbitrated. Yet, most employers and businesses have not rushed to adopt some form of mandatory arbitration policy. Employers are hesitant to adopt arbitration policies because they just do not understand how arbitration works and how such a...
SAN JOSE, Calif. -- Second graph, third sentence of release should read: The arbitration tribunal has awarded Enel EUR 4,019,750 in damages plus interest from December 15, 2004 and the sums of $52,000 and EUR 150,000 in legal and arbitration related costs (sted The arbitration tribunal has awarded Enel EUR...
Juris Publishing (Huntington, NY) has released The Law and Practice of Arbitration, a hardcover volume on the development and practice of arbitration law in the U.S. Content includes information on the recourse to arbitration in domestic matters, inc Juris Publishing (Huntington, NY) has released The Law...
The United States reinsurance company market has been, as many experienced reinsurance executives predicted, consolidated down to less than thirty (30) reinsurance companies. This has led to more reinsurance disputes, and the need for additional reinsurance arbitration. Insurance company/reinsurance company professionals must continue to resolve their business disputes via arbitration;...
From the executive summary: ‘The validity of mandatory arbitration agreements has been a subject of intense litigation for years – resulting in confusion and uncertainty for many employers. Arbitration agreements are frequently popular with employers, but do they really provide the protection employers seek? The paper examines this issue and...
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