Arbitration is the form of alternative dispute resolution that is most similar to trial, but with a few fundamental differences. Arbitration is defined as a “hearing and determination of a case in controversy.” The judge in arbitration is called an arbitrator, who is a qualified person who listens to the evidence presented by the parties and makes the final decision on the issues presented. The procedure for choosing an arbitrator varies from case to case, i.e. the court or the parties can select a single arbitrator or a panel of arbitrators to decide their case.
Difference Between Arbitration and Mediation
Arbitration and mediation are often confused, but the differences between the two methods are extreme. Unlike the voluntary agreement process that is mediation, an arbitrator’s decision is usually binding regardless of party agreement. In arbitration, an appeal is generally not allowed, but parties may file a motion to vacate judgment, which is often denied. However, arbitration is somewhat like mediation, because while the process closely resembles a court trial, it is usually conducted in a less formal setting under relaxed standards of evidence. In addition, the trial schedule is controlled by the parties and their lawyers, not the court.
Contact our Houston Arbitration Attorney
Myres and Associates, PLLC has extensive experience with representing clients in arbitrated divorce and family law matters, especially relating to contract drafting disputes. If you would like to know more about arbitration, don’t hesitate to contact our office!