Arbitration splits between private settlement and court-backed enforcement.
Evidence
Arbitration is in some ways a kind of halfway house between official and unofficial law. The arbitrator is, after all, not a professional judge. But his word is usually final, just like a judge’s. If a soap company and one of its suppliers agree to arbitrate their disputes, they are going to have to abide by this agreement. The courts will, if pushed, force the losing side to carry out what the arbitrator decided. It is in this sense that arbitration is a kind of mixture of the public and the private. — Lawrence M. Friedman and Grant M. Hayden, American Law, 142
Categorization
- XREF: connects to: A collective bargaining agreement is private legislation creating private courts and administrative processes. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4334; Private arbitration can effectively substitute for courts — Lisa Bernestein, Opting out of the Legal System, 40; Third parties render binding decisions when voluntary arbitration is contractually agreed. — G. Alan Tarr, Judicial Process and Judicial…, 2340 (+3 more)
Broader Connections
- Private arbitration can effectively substitute for courts
#corroborates(0.80) — Lisa Bernestein, Opting out of the Legal System, 40 - Third parties render binding decisions when voluntary arbitration is contractually agreed.
#qualifies(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2340 - Courts depend on the other branches to enforce their judgments.
#expands(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1648