Explore BrainMass

Arbitration and Judicial Proceedings

Scrutinize arbitration and judicial proceedings, and how they may be used to satisfy a dispute.

Identify and defend two ideas you may have to make the typical arbitration procedure more effective. Indicate the advantages and disadvantages of your ideas.

Solution Preview

In arbitration, an impartial third party is chosen by the disputing parties, who agree in advance to a hearing attended by all parties, and to accept the third party's decision. One difference between arbitration and civil litigation is that in arbitration, the disputing parties settle any future disputes before the dispute actually occurs. In civil litigation, the dispute is settled after it has occurred, and the disputants have no control over the presiding party.

Private arbitration is commonly used to keep the dispute out of the courtroom. This binding method of arbitration is often used by labor unions and employers to settle disputes. Judicial arbitration is a non-binding arbitration in which any party may choose to go to trail rather than accept the third party's decision, within a time limit. If the time limit expires before either disputing party has chosen ...

Solution Summary

Answered in 519 words. Four sources are cited. Arbitration and judicial proceedings are discussed and scrutinized. Two ideas for making the typical arbitration procedure more effective are presented. Advantages and disadvantages of each are discussed.