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ar·bi·tra·tion /ˌär-bə-'trā-shən/ n [Latin arbitratio, from arbitrari to judge, arbitrate, from arbiter onlooker, arbitrator]: the process of resolving a dispute (as between labor and management) or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding compare mediationfinal offer arbitration: interest arbitration in which the arbitrator must accept or reject the final offer of any party and may not decide to compromisegrievance arbitration: arbitration of a dispute over something in an existing collective bargaining agreement – called also rights arbitration; compare interest arbitration in this entryinterest arbitration: arbitration of a dispute over the provisions to be entered in a new contract compare grievance arbitration in this entryrights arbitration: grievance arbitration in this entryar·bi·tra·tion·al /ˌär-bə-'trā-shə-nəl/ adj
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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noun
adjudgment, adjustment, apportionment, appraisal, arbitrage, arbitrium, assessment, conciliation, decision, decree, determining of a controversy, finding, intercession, interjacence, intermediation, interposition, intervention, judgment, rapprochement, resolution, settlement
associated concepts: advisory arbitration, arbitrability, arbitration agreement, arbitration and award, arbitration award, arbitration clause, arbitration provision, arbitrators, binding arbitration, compulsory arbitration, grievance arbitration, interest arbitration, proceeding to confirm arbitration award, voluntary arbitration
II
index
adjudication, collective bargaining, intercession, mediation, negotiation, reconciliation
Burton's Legal Thesaurus. William C. Burton. 2006
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Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties.
Easyform Glossary of Law Terms. — UK law terms.
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n.A form of dispute resolution in which a neutral third party renders a decision after both parties speak for themselves at a hearing. See also arbitrator
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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a form of alternative dispute resolution by which the determination of a dispute is entrusted to one or more independent third parties rather than the court. While an arbitrator is bound to apply the law accurately, he may adopt a form of procedure that appears to him to be appropriate and is not bound by exclusionary rules of evidence. In Scotland, the arbitrator is known as an arbiter.
Collins dictionary of law. W. J. Stewart. 2001.
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An out-of-court procedure for resolving disputes in which one or more people — the arbitrator(s) — hear evidence and make a decision. Arbitration is like a trial in some ways, but typically proceeds much more quickly and with less formality.Category: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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An alternative method of resolving disputes between parties. An arbitrator is appointed by the parties to make a binding decision from which there are very limited grounds of appeal. Arbitration may be either ad hoc (where the parties determine whatever rules they may consider appropriate for the arbitration) or administered (where the arbitration is conducted under the auspices of one of the arbitral organisations, such as the London Court of International Arbitration (LCIA) or the International Chamber of Commerce).+ arbitrationUSAA non-court alternative method of resolving disputes between parties, where an arbitrator or panel of arbitrators is designated to make a binding decision from which there are very limited grounds of appeal. Arbitration may be either ad hoc arbitration (where the parties determine whatever rules they may consider appropriate for the arbitration) or administered arbitration (where the arbitration is conducted under the auspices of one of several arbitral organizations, such as the American Arbitration Association or the International Centre for Dispute Resolution). In non-binding arbitration, an arbitrator recommends but does not impose a decision.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. A method of alternative dispute resolution whereby a dispute, with the consent of all the parties, is submitted to a neutral person or group for a decision, usually including full evidentiary hearing and presentations by attorneys for the parties. Often, arbitration is the only form of proceeding permitted under the terms of contracts; see arbitration clause. See also conciliation, mediation, summary proceeding.@ arbitration clauseA clause in a contract requiring the parties to submit all disputes arising from the contract to an arbitrator or group of arbitrators rather than to proceed with litigation. Usually, a breach or repudiation of a contract will not nullify the clause.@ binding arbitrationArbitration proceeding that is final and binding by prior agreement of the parties, or by legal rule or statute; no right of appeal or further proceedings.=>> arbitration.@ compulsory arbitrationArbitration required by law rather than by the mutual agreement of the parties to a dispute.=>> arbitration.@ nonbinding arbitrationArbitration in which the parties to the dispute are not required to abide by the arbitrator or arbitrators' decision and may ignore the decision and submit the dispute to litigation.=>> arbitration.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.
Dictionary from West's Encyclopedia of American Law. 2005.
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The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.II The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" (proceedings) conducted by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision.
Law dictionary. EdwART. 2013.
