What is arbitration?

Arbitration is a form of alternative dispute resolution or ADR, which is a process of settling legal disputes outside of court. In Alaska, arbitration is a process in which parties to a dispute submit their disagreement to a neutral third-party arbitrator, usually a lawyer or retired judge, who will make a binding decision regarding the dispute. The arbitration is conducted without a jury and the parties involved are responsible for paying the arbitrator’s fees. The process of arbitration starts with both parties agreeing to arbitrate and signing a written agreement to do so. This agreement will also spell out the details of the arbitration process, such as who will be the arbitrator, the languages to be used, when and where the hearing will take place, and other details. A list of witnesses and evidence that will be presented by both parties will also be provided. The arbitration hearing itself will be very similar to a traditional trial. Each party will give their situation, the arbitrator will ask questions, and witnesses will be brought forth and evidence will be presented. Afterwards the arbitrator will issue what is known as an arbitral award, which is a ruling on the dispute. This award is a legally binding decision and is enforceable in court. Arbitration can be a very effective way to settle legal disputes, as it is confidential, cost effective, and resolution can be achieved quicker than a traditional court battle.

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What is arbitration?

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