What are the differences between arbitration and private judging systems?

There are several key differences between arbitration and private judging systems when it comes to Alternative Dispute Resolution (ADR) Law in Hawaii. The main difference is that arbitration is a voluntary process, while private judging is a court-mandated process. In arbitration, parties are free to decide whether or not they want to pursue the dispute-resolution process. Parties are usually not obligated to abide by the decision if an arbitration panel is used. On the other hand, if a private judge is used, the decision is binding and parties are obligated to follow it. Another key difference between arbitration and private judging systems in Hawaii is the selection process of arbitrators or judges. In arbitration, parties are able to select their own arbitrators, allowing them to choose the most appropriate individual to resolve the dispute. However, in a private judging system, a court-appointed judge is used to resolve the dispute, taking away the parties’ ability to select the most suitable individual. Lastly, the cost of ADR is significantly higher for private judging systems than arbitration. Generally, arbitration will cost significantly less than hiring a private judge. This is because private judging requires the use of expensive court resources, such as courtrooms and judges, which are not required in arbitration. Overall, arbitration and private judging are two forms of ADR that are available in Hawaii. The main differences between the two are related to selection process, bindingness, and cost. Ultimately, the ADR option that is used will depend on the dispute being resolved and the preferences of the parties involved.

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What are the differences between arbitration and private judging systems?

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