Voluntary arbitration requires both parties’ contractual consent, unlike litigation

Evidence

Although the arbitrator plays a quasi-judicial role, voluntary arbitration differs from litigation in crucial respects. First, voluntary arbitration can occur only if both parties have consented, usually by contract to submit their disputes to arbitration. — G. Alan Tarr, Judicial Process and Judicial…, 2343

Categorization

  • DEFINE: Distinguishes voluntary arbitration from litigation through the consent precondition — key comparative concept for the course.
  • SEED: Essay angle: how consent-based private adjudication quietly displaces the public court system, and what that does to legal values like fairness and equality of access.
  • XREF: connects to: Voluntary arbitration rests on party consent, selection, and negotiated rules — G. Alan Tarr, Judicial Process and Judicial…, 1168; Third parties render binding decisions when voluntary arbitration is contractually agreed. — G. Alan Tarr, Judicial Process and Judicial…, 2340; Arbitration hands dispute resolution to a neutral third party who decides — G. Alan Tarr, Judicial Process and Judicial…, 2341 (+3 more)

Broader Connections