What is the legal effect of a decision reached in a private judging system?

In South Carolina, the legal effect of a decision reached in a private judging system, commonly known as alternative dispute resolution (ADR), depends on the specific type of ADR process that is chosen. Generally, ADR is a process separate from formal judicial proceedings where parties can resolve disputes in a private and informal setting. If the parties enter into a binding process, such as arbitration or mediation, the decision reached is legally binding and enforceable by a court of law. The court will enforce the agreement as if it were a court order. For example, if a dispute over money is resolved through arbitration and the decision is to award a certain amoung of money to one of the parties, the court will enforce the ruling and order the party to pay what was awarded. If the parties enter into a non-binding process, such as mini-trials or private judging, both parties can accept the judicial decision as a binding resolution or not. Since the decision is non-binding, either party can bring the dispute to court if the other party does not comply with the decision that was reached. In conclusion, the ultimate effect of a decision reached in a private judging system in South Carolina depends on the type of ADR process chosen. For binding processes, the decision is legally-enforceable whereas for non-binding processes the decision is not necessarily legally-enforceable, though both parties can accept the decision as binding.

Related FAQs

What is the difference between international and domestic alternative dispute resolution?
What is the timeline for an alternative dispute resolution process?
What is mediation?
What issues can be addressed through ADR?
What is the process of collaborative law?
When is it appropriate to use alternative dispute resolution?
What are the ethical considerations for attorneys in an alternative dispute resolution process?
What are the advantages of using mediation?
What happens if an agreement is not reached during an alternative dispute resolution process?
What is arbitration?

What is the legal effect of a decision reached in a private judging system?

Related FAQs

Related Blog Posts