{"id":357645,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/adr\/arbitration\/the-arbitration-process.html"},"modified":"2024-07-12T10:51:48","modified_gmt":"2024-07-12T15:51:48","slug":"the-arbitration-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/arbitration\/the-arbitration-process.html","title":{"rendered":"The Arbitration Process"},"content":{"rendered":"\n
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The Arbitration Process<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Arbitration is a form of alternative dispute resolution that is useful in solving legal disputes without going through a court trial. The process is often less intimidating and can save time and money by resolving a legal issue without the formalities of a court case. Plus, arbitration is confidential, whereas litigation is not.<\/p>\r\n

Anyone facing the possibility of arbitration should know how it works and what to expect during the process. It is like a traditional court case but differs in key ways.<\/p>\r\n

Using Arbitration to Resolve Legal Disputes<\/h2>\r\n

In some cases, disputes that might otherwise go to court benefit from confidential arbitration. Although several kinds of alternative dispute resolution<\/a> (ADR) are available in most states, arbitration is often chosen. Arbitration is popular because it has a streamlined process. This process allows parties to a dispute to present evidence to a neutral third party, who then rules on the issue.<\/p>\r\n

The Arbitration Process is Flexible<\/h3>\r\n

Arbitration is usually quicker and less expensive than the typical court case. The arbitration process is less technical and more flexible than the court system. The parties have a greater degree of control over the timing and parameters of the case. Arbitrators often have more experience with the specific subject matter of a dispute than judges, who hear all kinds of cases.<\/p>\r\n

Mandatory Arbitration<\/h3>\r\n

Arbitration is most often voluntary. Yet, certain contract and commercial disputes have mandatory arbitration clauses. Arbitrations often emerge from contractual clauses requiring arbitration of disputes rather than suing. Arbitration provisions may include:<\/p>\r\n