Asked by Jasneet Kaur Singh on May 17, 2024
Verified
How are arbitrations similar and dissimilar to a court trial?
Arbitrations
Arbitrations are a form of alternative dispute resolution where a neutral third party, the arbitrator, makes a decision to resolve a dispute outside of court.
Court Trial
A formal judicial proceeding where evidence is presented and disputed issues are resolved before a judge or jury.
Similarities
The state of being alike or having common features.
- Acquire knowledge of the core principles and legal infrastructure surrounding Alternative Dispute Resolution (ADR), with a focus on arbitration and mediation.
- Elucidate the variances among arbitration, mediation, and negotiation as types of Alternative Dispute Resolution, examining their distinct practices and end results.
Verified Answer
AB
Aashna BafnaMay 19, 2024
Final Answer :
Arbitrations are similar to a court trial in that both parties present their case to a neutral third party; they may represent themselves or use legal counsel; they may also introduce witnesses and documentation, cross-examine witnesses, and offer closing statements. Additionally, the arbitrator offers a legally binding decision. Arbitrations are dissimilar to court trials in that the arbitrator often takes a more active role and is more likely than a judge to question a witness; no official record of the hearing is kept; the rules of evidence are typically relaxed; and the arbitrator is not as constrained by precedent as are judges.
Learning Objectives
- Acquire knowledge of the core principles and legal infrastructure surrounding Alternative Dispute Resolution (ADR), with a focus on arbitration and mediation.
- Elucidate the variances among arbitration, mediation, and negotiation as types of Alternative Dispute Resolution, examining their distinct practices and end results.