What is arbitration in civil law?
Arbitration is a form of alternative dispute resolution (ADR) in civil law. Unlike a trial, which is held in front of a judge and jury, arbitration is a private process which is conducted by an impartial third party known as an arbitrator. In arbitration, the disputing parties present their respective cases in front of the arbitrator, who then renders a binding decision on the dispute. In Hawaii, arbitration is governed by the Uniform Arbitration Act, which outlines the procedures to be followed and the types of cases eligible for arbitration. Generally, any civil dispute not involving the government or a public policy issue may be resolved through arbitration. Common arbitration cases include business, contract, and tort disputes. Arbitration is designed to be faster and more cost-effective than a traditional trial. Moreover, the parties have more control and privacy over the proceedings, as it is conducted privately and without the public scrutiny of a trial. Additionally, the decision of the arbitrator is legally binding and enforceable, meaning the parties must abide by the terms of the ruling. Overall, arbitration is a useful tool for resolving civil disputes, and can offer an efficient and effective means of resolving a conflict.
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