How is the arbitration process different from the private judging process?
Arbitration and private judging are both forms of alternative dispute resolution (ADR). ADR is a process of resolving conflicts that does not involve going to court. In Alaska, both arbitration and private judging are used to settle disputes out of court. Arbitration is a process in which an independent third party known as an arbitrator is asked to hear both sides of a dispute and render a decision. The arbitrator is usually an expert in the area of dispute, and is usually chosen by the parties involved. The arbitrator listens to both sides of the dispute and makes a legally binding decision on how the parties should resolve the dispute. Private judging is also an ADR process in which an independent third party known as a judge is asked to hear both sides of a dispute and render a decision. Private judging is similar to arbitration in that the judge is an expert in the area of dispute. However, the major difference between arbitration and private judging is that private judging is much more formal. The judge is bound by the same rules as an actual court judge and must decide the case based on the evidence presented. In addition, the private judge has the authority to issue binding orders or judgments on the parties that must be followed. This is different from arbitration where the arbitrator’s decision is non-binding. Both arbitration and private judging are useful alternatives to traditional litigation in resolving disputes in Alaska.
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