How is the arbitration process different from the private judging process?
The arbitration process and the private judging process are both forms of alternative dispute resolution (ADR) which enable parties to resolve disputes without going to court. Both processes involve a neutral third-party to hear the dispute, facilitate discussions, and make a ruling. However, they are different processes in several respects. The arbitration process is a more formal process than the private judging process. The arbitration process more closely adheres to the procedures used in court proceedings and includes the issuing of subpoenas and discovery. Private judging, on the other hand, allows for more flexibility in the procedure and typically requires fewer legal forms. In a private judging process, the neutral third-party is appointed by the parties to review evidence and hear testimony from both parties. The parties can agree to the rules of the proceedings and the ruling is binding. The private judge can deliver a ruling called a "private judgment," which is similar to a court ruling. Arbitration, on the other hand, is subject to more stringent rules and regulations than private judging. The arbitration process is typically conducted with an arbitration panel and includes a full hearing. The parties must agree to the terms of the arbitration, and the arbitration panel provides a final award that is binding on the parties. Overall, the difference between the arbitration process and the private judging process is that arbitration is more formal and stricter than private judging. In the arbitration process, an arbitration panel must issue a final decision and the process is governed by specific rules and regulations. On the other hand, the private judging process is more flexible and less formal than arbitration, and the neutral third-party can provide a binding ruling to resolve the dispute.
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