What are the differences between arbitration and private judging systems?

Arbitration and private judging systems are both forms of Alternative Dispute Resolution (ADR) that are used in Arkansas to settle disputes outside of the court system. Both of these systems rely on an impartial third-party to make a decision on the case, but there are some key differences between them. The main difference between arbitration and private judging systems is the type of decision-making power each has. In arbitration, the parties involved in the dispute present their arguments to an arbitrator, who then makes a binding decision on the matter. A private judge, on the other hand, has the authority to make rulings but the decisions are recommendatory and not binding. The parties involved are then free to decide whether or not to accept the decision of the private judge. Another difference is that, in Arkansas, private judging systems must have the approval of the court system in order to be valid. Arbitration, however, can be done independently and does not necessarily require judicial approval. Lastly, the scope of the decision-making power of an arbitrator or a private judge can also be different. For example, in arbitration, the decision of the arbitrator is usually limited to the matters of the dispute, while the private judge has the authority to make a comprehensive judgement that includes monetary awards and injunctive relief. In conclusion, while both arbitration and private judging systems are forms of ADR, there are some key differences between them. While an arbitrator has the power to make a binding decision, a private judge’s ruling is recommendatory. In Arkansas, the court system must approve of a private judging system, but not of an arbitration. Lastly, an arbitrator’s decision is usually limited to the matters of the dispute, while the private judge’s decision can include monetary awards and injunctive relief.

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What are the differences between arbitration and private judging systems?

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