What is arbitration in civil law?
Arbitration is a type of alternative dispute resolution (ADR) in civil law. It is an alternative to taking a case to court and is usually a quicker, more cost-effective way to resolve disputes. Arbitration is a process in which one or more parties to a dispute agree to have the matter resolved by an impartial third party. The arbitrator or arbitrators, typically attorneys or retired judges, hear all sides of the case and make a determination. This can be binding or non-binding depending on the agreement made between the parties. In California, the California Arbitration Act governs arbitration proceedings. This law allows for the parties to specify their own rules and procedures for the arbitration, as long as they comply with the Act. The Act also outlines the requirements of an arbitration agreement including that it is in writing, signed by all parties, and includes all information necessary for the arbitration process. Once an arbitration agreement has been reached, the parties must enter into the arbitration process and abide by the decision of the arbitrator. Arbitration is a good way to resolve disputes without going to court. It is often quicker and less expensive than litigation and can help preserve business relationships where the parties want to remain in contact. It is important to make sure that the arbitration process is understood and agreed upon by the parties before entering into the agreement.
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