Arbitration hands dispute resolution to a neutral third party who decides

Evidence

Baseball’s system of salary arbitration reveals the basic features of arbitration: A dispute is submitted to a neutral third party who hears arguments, reviews evidence, and renders a decision. As the example illus- SEE Vena aE TS net liam iced ta tele labor disputes. — G. Alan Tarr, Judicial Process and Judicial…, 2341

Categorization

• DEFINE: Supplies the core definition of arbitration as neutral third-party adjudication outside courts.
• XREF: connects to: Most ADR programs operate through either arbitration or mediation — G. Alan Tarr, Judicial Process and Judicial…, 2339; Voluntary arbitration requires both parties’ contractual consent, unlike litigation — G. Alan Tarr, Judicial Process and Judicial…, 2343; Final-offer arbitration binds both parties to the arbitrator’s chosen figure — G. Alan Tarr, Judicial Process and Judicial…, 2340 (+16 more)

Broader Connections

• Third parties render binding decisions when voluntary arbitration is contractually agreed. #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2340
• The nomination of an impartial arbitrator reveals reciprocal coordination between conflicting parties #expands (1.00)
• Disputed quality enforcement ends with exit rather than arbitration #contradicts (1.00)
• Private arbitration can effectively substitute for courts #corroborates (1.00) — Lisa Bernestein, Opting out of the Legal System, 40
• Arbitration judgments are enforced through public shaming and cross-bourse reciprocity. #contradicts (1.00) — Lisa Bernestein, Opting out of the Legal System, 93
• Court-annexed arbitration is nonbinding but penalizes losing appeals #contradicts (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2350
• Future-dispute arbitration waivers differ morally from submitting an existing dispute #complicates (0.90) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4900
• Arbitration splits between private settlement and court-backed enforcement. #qualifies (0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 142
• Private arbitration systems resolve disputes without public accountability. #expands (0.85)
• Private arbitration systems extend their authority to outsiders who consent. #expands (0.85) — Lisa Bernestein, Opting out of the Legal System, 81
• A non-partisan third either creates direct contact or arbitrates claims between colliding parties #expands (0.85)
• Dispute systems are designed to push parties toward voluntary settlement. #expands (0.85) — Lisa Bernestein, Opting out of the Legal System, 70
• Introducing lawyers into arbitration made customary decisions track state law. #complicates (0.85) — Lisa Bernestein, Opting out of the Legal System, 281
• Private arbitration can impose punitive damages to deter breach where courts cannot. #complicates (0.85)
• Some differences are too great for any arbitration to reconcile #complicates (0.85) — Georg Simmel, The Sociology of Georg Simmel, 5736