Arbitration is a legal way to resolve a dispute between two parties by mutual selection of an impartial third party called an arbitrator. An arbitration award is binding on both parties.
An arbitrator is a neutral person who is mutually selected to resolve a dispute between two parties. More often than not, an arbitrator will have a background in the legal area surrounding the dispute.
After the arbitration hearing, the arbitrator will provide a written decision to the parties in dispute. Arbitration awards are final and binding on the parties in dispute.
An arbitration hearing is the formal presentation of evidence, witnesses, and facts by two parties in dispute to an arbitrator. The arbitrator decides the case based on the testimony and evidence presented at the hearing.
Cross-examination occurs when a witness is questioned by the opposing party.
Direct examination occurs when a witness is questioned by the party they represent.
Discovery occurs prior to the arbitration hearing when the parties in dispute attempt to gather as much relevant information and evidence as possible surrounding the case.
E-Discovery is short for ‘electronic discovery’ and refers to gathering as much ESI (Electronically Stored Information) as possible that is relevant to the case.
Mediation is a legal way to resolve a dispute between two parties by mutual selection of an impartial third party called a mediator. A mediator does not render a binding decision on the parties in dispute.
Interest arbitration occurs when two parties are unable to negotiate a labor contract so instead the parties elect an arbitrator to draft the labor contract.
If an employee has violated a company rule, the employer will investigate the matter by gathering information from anyone who witnessed the rule violation.
Before the arbitration hearing, the parties in dispute may meet with the arbitrator before hand to discuss the details of the hearing e.g. possibility of settlement, discovery, timeline, evidence, witnesses, etc.