Exceptions to the rule generally surround instances of fraud
but failed upon receipt of timely demand to disqualify
himself or herself as required by that provision. set forth above, the. exceptions to the rule generally surround instances of
fraud, the arbitrator exceeding his or her powers or the refusal to consider
evidence and have been construed narrowly by the courts.Dispute resolution is the process of resolving disputes between parties and includes lawsuits (litigation), arbitration, mediation, conciliation, and many types of negotiation. Violence could theoretically be included as part of this spectrum, but it is usually not, because it is usually illegal to use violence to resolve disputes
There is very little accountability regarding the appropriateness of an arbitrator's award
There is very little accountability regarding the appropriateness of an arbitrator's award. In fact, arbitrators have more power than judges. Judges' decisions can be appealed, improper behavior can be subject to judicial review, and judges can be voted out of office. With arbitrators, if there is any review of their conduct, it is only on extremely limited and narrow grounds. Decisions are binding regardless of whether arbitrators misapply or fail to follow the law or make procedural rulings that defy logic. In addition, disputants are required to pay the arbitration administrator and the arbitrator even if a party is successful in overturning an arbitration award. Dramatic changes in ADR and settlement practices in the federal courts have
created a great need for information about related rules and procedures.
Limited discovery in arbitration
Limited discovery: Discovery is the process by which litigants obtain information and evidence in the possession of their opponent or third parties. In arbitration, discovery is a privilege, not a right, and many businesses draft arbitration clauses to severely restrict the claimant s ability to obtain necessary evidence. Moreover, since arbitrators do not have the power to enforce subpoenas, claimants must sometimes file lawsuits to get compliance defeating the purpose of arbitration. these measures are optional. The contracting parties must have agreed to use them either by special agreement or
in their arbitration clause.
Limited judicial review in arbitration
Limited judicial review. Parties are allowed only limited judicial review of an arbitration award. A decision may only be overturned when there is fraud or "manifest disregard of the law." This is a high hurdle, because arbitrators need not issue written findings of fact or legal conclusions. Oddly enough, courts will refuse to hear appeals of arbitration decisions even when both sides have agreed to let a court do so! related issue are:
Arbitration Act 1979
Arbitration Act 1996
Arbitration in the United States
Ex aequo et bono
Lex loci arbitri
Uniform Domain-Name Dispute-Resolution Policy
ADR programs good or bad?
Is the development of rules
for court ADR programs good or bad for a dispute resolution process that has
relied in the past on flexibility and, in many instances, informality? Has ADR
eclipsed the role of judges in settlement, or have trial courts become primarily
settlement forums? Are national rules needed to bring uniformity and good
standards of practice to the array of innovations now found in the district courts?
Should there be ethical rules or guidelines for court-connected ADR neutrals?
The movement seeking means other than litigation for resolving disputes
Courts and members of the legal community have been part of the movement
seeking means other than litigation for resolving disputes. Someone filing
a case today in court is far more likely than ten or even five years ago to
be asked to consider some form of settlement assistance, and at all levels of the
courts ADR is increasingly a part of discussions about how to manage litigation.Mediation has traditionally been an alternative to litigation in the event of a
conflict between two or more parties - which would require the consent of
both parties (or be the required forum for conflict dispute resolution by prior
agreement between those two parties). There are many instances where
mediation would benefit low-income clients
Additional resources provided by the author
Howard Roitman, Esq.
8921 W. Sahara Ave.,
Las Vegas, Nevada 89117