which of the following is true of arbitration? course hero

When is an arbitrator's decision called an award?

An arbitrator's decision is called an award only when monetary compensation is awarded. An arbitrator's award is legally: ________. Identify the true statements about arbitration. (Check all that apply.) Parties can choose a subject-matter expert as their arbitrator. It is more efficient than litigation.

How do you choose an arbitrator?

A. Arbitrators generally are chosen by the Supreme Court. B. Arbitrators' decisions are rarely binding on the disputing parties. C. Arbitrators must satisfy the licensing requirements of the American Arbitration Association. D. Arbitrators should be disinterested in the financial effect of a decision.

Is there an official written record of the arbitration hearing?

No official written record of the hearing is kept. The arbitrator takes a much more active role in an arbitration hearing. Parties typically resort to arbitration to resolve a dispute because they agreed to arbitrate in a (n): _______.

What is the difference between voluntary arbitration and mandatory arbitration?

B. Mandatory arbitration is a more effective alternative to litigation than a voluntary arbitration. C. Generally, the award resulting from the voluntary arbitration procedure is final. D. If an arbitrator made erroneous rulings during a hearing, the award can be set aside. E.

Who takes a much more active role in an arbitration hearing?

When is an arbitrator's decision called an award?

What does selecting a panel do in an arbitration?

Is selecting a panel in an arbitration a false or true decision?

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Which of the following statements regarding arbitration is correct?

Top Answer c . Explanation: An arbitrator refers to an individual who focuses on resolving the dispute outside the courts. He is involved in solving the dispute by reviewing the evidence which is presented by the parties at dispute and resolves the issue by making a decision.

What is arbitration in Law?

Arbitration is a dispute-resolution process in which the parties select a neutral third party to resolve their claims. Parties typically agree to arbitrate in order to avoid the time, expense, and complexity of litigation.

What is arbitration and how does it work?

What is arbitration? Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an “arbitrator” (or in some cases, a group or “panel” of arbitrators) who will listen to each side and make a decision about the case.

Which of the following points should be kept in mind by an arbitrator while assessing credibility of witnesses?

Which of the following points should be kept in mind by an arbitrator while assessing credibility of witnesses? The occupation or social class of a witness does not guarantee veracity. Which of the following statements is TRUE of an arbitrator's award? The arbitrator's awards are usually presented in written format.

What is the purpose of arbitration?

Arbitration—the out-of-court resolution of a dispute between parties to a contract, decided by an impartial third party (the arbitrator)—is faster and more cost effective than litigation.

What is an example of arbitration?

An example of an arbitration would be when two people who are divorcing cannot agree on terms and allow a third party to come in to help them negotiate.

What happens during arbitration?

The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.

Which of the following is not the arbitration right?

Explanation : Matrimonial matters are not specified for arbitration. The remaining three cases, civil matters, banking matters and property matters, are referred to arbitration. All disputes involving civil rights or quasi-civil rights are referred to arbitration.

What are the benefits of arbitration?

Unlike a trial, arbitration leads to a private resolution, so the information brought up in the dispute and resolution can be kept confidential. This could be enticing for well-known public figures or clients in business disputes because all evidence, statements, and arguments will be completely confidential.

Which of the following factors is most likely to be considered by an arbitrator while resolving a case of employee misconduct?

When an arbitrator is evaluating an employee misconduct case, the relative value of the damage is the primary factor in considering the appropriate discipline; the person's deliberate and malicious intent has relatively little significance.

Which of the following determines the issues an arbitrator will decide in a given dispute?

Which of the following determines the issues an arbitrator will decide in a given dispute? The parties themselves identify in their submission the issues they want decided. The technical term for submitting a claim to arbitration is subrogation.

Can an arbitrator be called as a witness?

The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case.

What are the three types of arbitration?

Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation.

Is arbitration Better Than court?

Arbitration typically provides a speedier resolution than litigation since the parties and the arbitrator agree on a schedule once the arbitrator is appointed. Either party may appeal the court's decision in a civil trial based on an alleged material error in the trial.

Is arbitration a good thing?

Arbitration is often resolved much more quickly than court proceedings, so attorney fees are reduced. Also, there are lower costs in preparing for the arbitration than there are in preparing for a jury trial. For binding arbitration, there are limited opportunities for appeal.

What is difference between arbitration and mediation?

Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath. Parties vent feelings, tell story, engage in creative problem-solving.

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When Google filed a complaint with the National Arbitration Forum because another party had registered the following Internet domain names: googkle.com, ghoogle.com, gfoogle.com, and gooigle.com, the NAF: _____.

Who takes a much more active role in an arbitration hearing?

The arbitrator takes a much more active role in an arbitration hearing.

When is an arbitrator's decision called an award?

An arbitrator's decision is called an award only when monetary compensation is awarded.

What does selecting a panel do in an arbitration?

panel. In the context of an arbitration, if a party selects a panel, it would decrease the costs associated with the arbitration. false (not true cuz In the context of an arbitration, selecting a panel may reduce the risk of error or prejudice in the arbitration decision. However, selecting a panel would also increase the costs associated with ...

Is selecting a panel in an arbitration a false or true decision?

false (not true cuz In the context of an arbitration, selecting a panel may reduce the risk of error or prejudice in the arbitration decision. However, selecting a panel would also increase the costs associated with the arbitration)

What is the primary function of arbitration?

E. The primary function of arbitration is to serve as a prelude to litigation.

How many elements are there in a dispute?

B. They involve seven elements that vary in importance depending on the factual situation in dispute and on the parties' individual perspectives.

Which decision is binding on the disputing parties?

B. The decisions arising from arbitration are binding on the disputing parties.

When are they precluded during the pretrial process?

E. They are precluded during the pretrial process when a particular case is subject to litigation

Is a judicial decision subject to judicial review?

A. It is not subject to judicial review on the merits of a decision.

Who uses the "B" in a case?

B. They are used by attorneys, and they point out weaknesses in a particular case.

Can disputing parties specify the preferred ADR technique to be used in the parties' contract?

C. Disputing parties cannot specify the preferred ADR technique to be used in the parties' contract.

Who takes a much more active role in an arbitration hearing?

The arbitrator takes a much more active role in an arbitration hearing.

When is an arbitrator's decision called an award?

An arbitrator's decision is called an award only when monetary compensation is awarded.

What does selecting a panel do in an arbitration?

panel. In the context of an arbitration, if a party selects a panel, it would decrease the costs associated with the arbitration. false (not true cuz In the context of an arbitration, selecting a panel may reduce the risk of error or prejudice in the arbitration decision. However, selecting a panel would also increase the costs associated with ...

Is selecting a panel in an arbitration a false or true decision?

false (not true cuz In the context of an arbitration, selecting a panel may reduce the risk of error or prejudice in the arbitration decision. However, selecting a panel would also increase the costs associated with the arbitration)