What types of cases are not suitable for arbitration?

Alternative Dispute Resolution (ADR) Law in Washington is a way to resolve disputes out of court. This type of resolution can be used in both civil and criminal cases and often results in a faster and cheaper resolution than a traditional court trial. Arbitration is a form of ADR that allows both parties to present a case before a neutral third-party arbitrator. The arbitrator listens to both sides and makes a decision, which is binding on both parties, based on the evidence presented. There are some types of cases, however, that are not suitable for arbitration. These include cases in which constitutional rights will be infringed upon, cases involving child custody or child support, cases that could require monetary damages in excess of the arbitrator’s authority, cases of public interest, or cases that involve an illegal act. Cases that involve criminal charges, such as murder or rape, would also not be suitable for arbitration. Additionally, arbitration is not suitable for cases in which one side can take advantage of the other. It is also not suitable when one party is acting in a fiduciary capacity, such as when representing a minor or a person with diminished capacity. In some cases, arbitration may not be the best way to resolve a dispute. It is important to consider all potential options before deciding which form of ADR is right for the situation.

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