What are the differences between arbitration and private judging systems?

In Arizona, Alternative Dispute Resolution Law (ADR) covers two distinct processes - arbitration and private judging systems. Arbitration is a voluntary process that is often used in the settlement of a civil dispute. In the arbitration process, an independent third party, called an arbitrator, listens to the evidence presented by both sides and makes a decision on the matter. This decision is usually legally binding and is not subject to appeal. The process is often quicker and cheaper than traditional court proceedings and can be customized to suit the needs of the parties involved. Private judging systems are similar to arbitration in that they involve the use of an independent third party. However, private judging systems differ from arbitration in that the judge makes a written decision, which is typically not legally binding. Private judges also typically have more legal authority than arbitrators and can order certain remedies or judgments to be enforced. In both arbitration and private judging systems, the parties involved are guided by the same processes and principles of civil procedure that are used in the courtroom. The primary difference between the two is that private judging systems do not provide a legally binding decision or remedy. They may also be more expensive than arbitration, depending on the complexity of the dispute and the expertise of the private judge.

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