How is the arbitration process different from the private judging process?
Arbitration and private judging are two similar forms of Alternative Dispute Resolution (ADR) in which a neutral third party helps resolve a dispute without the need for a traditional trial. However, there are some distinct differences between them. Arbitration typically involves an arbitrator, selected by the parties or their attorneys, to hear the dispute and render a decision. The arbitrator will generally consider evidence, statements, and legal arguments from both parties before making a decision. This decision is generally binding, meaning the parties are required to comply with it. The private judging process is slightly different in that the parties agree to select a judge before the dispute begins. This judge is usually a retired or former judge who is paid to hear the dispute and render a decision. Unlike arbitration, the decision rendered by a private judge is often not binding, so it is not legally enforceable. Additionally, a private judge may conduct a full trial, including the introduction of evidence and witnesses, and can also issue subpoenas. Meanwhile, arbitration is usually limited to presentations from the parties themselves and does not involve any witness testimony or introduction of evidence. In short, the main difference between arbitration and private judging is that arbitration tends to be less formal and more expedient, while private judging is generally more comprehensive and can involve a more detailed trial-like process.
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