How is the arbitration process different from the private judging process?
Arbitration and private judging are both part of Alternative Dispute Resolution (ADR) law in Florida. While both processes result in a binding resolution of a dispute, they differ in several ways. Arbitration is generally less formal than private judging and relies on a neutral third-party, called an arbitrator, to hear both sides of a dispute and make a decision. The arbitrator is usually selected by both parties. The goal of arbitration is to reach a fair resolution of the dispute, but the process is usually much less formal than a courtroom trial. The arbitrator also has the ability to make and enforce decisions about the dispute. The private judging process involves a neutral third-party, called a private judge, to hear and make a decision about the dispute. The private judge is usually a retired judge or attorney who is hired for a specific period to hear the dispute. The process is much more formal than arbitration and typically takes place in a courtroom setting, with the private judge utilizing the same laws and procedures as a regular judge. The private judge also has the ability to make and enforce decisions about the dispute. In both arbitration and private judging, the parties have an opportunity to present their case and arguments to the neutral third party. The neutral third party then makes an impartial ruling in the dispute, and the decision is usually binding. The main difference between the two is that arbitration is generally less formal than private judging, and the decision-maker has fewer powers to make and enforce rulings in arbitration cases.
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