Mediation - Arbitration - Neutral Evaluation
Arbitration
Finality Without the Courtroom
A streamlined path to a binding decision.
Unlike mediation, arbitration ends with a decision (the award) that generally carries the same weight as a court judgment. It is often faster, more private, and more flexible than traditional litigation.
The Process
Most arbitrations are agreed to in advance, through contract clauses that direct disputes away from the courts. Rules of evidence are relaxed, but the process is still formal and structured — with briefing, witness testimony, and documentary evidence.
Once the arbitrator issues an award, it is binding and enforceable, with only narrow grounds for appeal (such as fraud or misconduct).
Types of Arbitration
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Binding Arbitration – The standard form; the decision is final and enforceable
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Bracketed or “High-Low” Arbitration – Parties agree in advance to a range within which the award must fall
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Baseball Arbitration – Each side presents one number; the arbitrator must choose one
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Non-Binding Arbitration – The arbitrator’s award is advisory, often used to help parties reassess settlement positions
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Mandatory (Court-Ordered) Arbitration – Required by statute or court rule, usually for smaller-value disputes
Private Dispute Resolution resulting in a fair, enforceable decision by the arbitrator.
Unlike mediation, arbitration ends with a decision (the award) that generally carries the same weight as a court judgment.
The Process
Most arbitrations are agreed to in advance, through contract clauses that direct disputes away from the courts. Arbitration hearings are typically faster, more flexible, and private compared to litigation. Rules of evidence are relaxed, but the process is still formal and structured — with briefing, witness testimony, and documentary evidence.
Once the arbitrator issues an award, it is binding and enforceable, with only narrow grounds for appeal (such as fraud or misconduct).
Types of Arbitration
-
Binding Arbitration – The standard form; the decision is final and enforceable.
-
Bracketed or “High-Low” Arbitration – Parties agree in advance to a range within which the award must fall.
-
Baseball Arbitration – Each side presents one number; the arbitrator must choose one.
-
Non-Binding Arbitration – The arbitrator’s award is advisory, often used to help parties reassess settlement positions.
-
Mandatory (Court-Ordered) Arbitration – Required by statute or court rule, usually for smaller-value disputes.
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Arbitration offers a path that’s efficient, confidential, and tailored — allowing experienced legal minds to weigh the issues and bring finality outside the courtroom.