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
- Third parties render binding decisions when voluntary arbitration is contractually agreed.
#corroborates(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2340 - The nomination of an impartial arbitrator reveals reciprocal coordination between conflicting parties
#corroborates(0.90) - Arbitration hands dispute resolution to a neutral third party who decides
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2341 - Future-dispute arbitration waivers differ morally from submitting an existing dispute
#complicates(0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4900 - A party secures allied-group consent by arbitrating between its own and others’ interests
#complicates(0.75) — Antonio Gramsci, Selections from the Prison Notebooks, 662