Define Arbitration and Arbitration Agreement

Arbitration is a legal process of resolving disputes outside of the court system, with the help of a neutral third party known as an arbitrator. Arbitration agreements are often included in contracts and agreements between parties to ensure that any disputes arising from the agreement will be resolved through arbitration instead of going to court.

Arbitration is a flexible process that allows parties to maintain control over the outcome and the process of dispute resolution. The rules of the arbitration process are agreed upon by the parties involved, and the arbitrator chosen is typically an expert in the subject matter of the dispute. The arbitrator`s decision is usually binding and enforceable, much like a court order.

Arbitration is often used in commercial and business disputes, as it is seen as a faster, more cost-effective way to resolve disputes compared to traditional litigation. In addition, arbitration proceedings are often confidential, which can be important in disputes involving sensitive information.

Arbitration agreements are commonly found in employment contracts, consumer agreements, and other types of contracts where disputes may arise. Such agreements typically state that any disputes arising from the agreement must be resolved through arbitration, rather than through court proceedings.

One of the benefits of arbitration agreements is that they can help to streamline dispute resolution by limiting the potential for litigation. In addition, because arbitration is a private process, it can help to avoid the negative publicity that often comes with court cases.

However, arbitration agreements are not without controversy. Some critics believe that they can be unfair to individuals or small businesses who may not have the resources to effectively participate in arbitration proceedings. Others argue that arbitration agreements may limit access to justice, particularly in cases where the terms of the agreement are not clear or where there may be unequal bargaining power between the parties involved.

Overall, arbitration is an important tool for resolving disputes outside of the court system. Whether or not to include an arbitration agreement in a contract is a decision that should be made after careful consideration of the potential benefits and drawbacks. As always, parties should seek legal advice in order to fully understand their rights and obligations when it comes to arbitration.