How is the arbitration process different from the private judging process?

Arbitration and private judging are two forms of alternative dispute resolution (ADR) that are used to resolve conflicts without the need to go to court. Despite being similar in that a third-party, non-judicial figure is used to resolve the issue, they are different in several ways. In arbitration, the arbitrator is responsible for investigating both sides of the dispute and determining a resolution. The parties involved are able to present evidence and speak freely, but the arbitrator has the final say on the decision. Private judging works differently in that there is usually only one party to the case, and the judge presides over the hearing. The parties involved in private judging do not have the same control over the process as in arbitration — the judge determines the scope of evidence that is presented and makes a final judgement based on that evidence. In Maryland, the arbitration process is governed by the Maryland Arbitration Act and the procedures outlined in the act. Private judging, on the other hand, is not governed by any specific statute and is instead subject to an agreement between the parties involved in the dispute. In conclusion, the arbitration process differs from private judging in that the arbitrator has the final say on the resolution, whereas the judge in the private judging process makes the binding determination. Additionally, the arbitration process is regulated by a statute, whereas private judging is governed by the agreement between the parties.

Related FAQs

What should a party expect from an alternative dispute resolution hearing?
How is the issue of confidentiality treated in a private judging system?
What issues can be addressed through ADR?
How do arbitration awards differ from court judgments?
How are decisions made in private judging systems?
What is the cost of using alternative dispute resolution?
What is the legal effect of a decision reached at an alternative dispute resolution hearing?
What is the role of the court in a private judging system?
What types of evidence can be presented at a collaborative law process?
What is the process of mediation?

Related Blog Posts

What is Alternative Dispute Resolution Law and How Can it Help You? - July 31, 2023
Comparing Alternative Dispute Resolution to Traditional Court Litigation - August 7, 2023
The Benefits of Adopting Alternative Dispute Resolution for Conflict Resolution - August 14, 2023
Exploring the Different Types of Alternative Dispute Resolution - August 21, 2023
Navigating the Legalities of Arbitration in Alternative Dispute Resolution - August 28, 2023