ARBITRATION GLOSSARY
Glossary
 
 
 
 
Arbitration- is the submission of a dispute to one or more neutrals, impartial persons, for a decision that may be binding or not in accordance with the terms of the agreement to arbitrate.  It is in essence private judging.  Arbitrators are bound only by their own discretion, exercised within the scope of the authority entrusted to them by the parties rather than rules of law, equity, procedure, or evidence.

Arbitrator- is a neutral chosen by the parties to solve a dispute between them.  This neutral or panel of who neutrals hears testimony, reviews evidence and is vested with the power to make a final determination of the issues in controversy.

Awards- are the rulings/decisions of arbitrators.  Awards resulting from binding arbitration are made in writing and are enforceable in court under state and federal statutes. The parties to the arbitration bring enforcement actions, when necessary. The award is the counterpart of a court's order or judgment.

Claimants- are filing parties, also known as initiating parties, complainants, Party A or plaintiffs.

Counterclaims- are counter demands made by a responding party against a claimant.  They are not just answers or denials of the claimant's allegations.

Demands for Arbitration- are (unilateral filings of claims in arbitration, based on a contractual or statutory right; also, the form used.

Fact-finding- is a process by which parties present the arguments and evidence to a neutral person who then issues a nonbinding report on the findings, usually recommending a basis for settlement.

Hearing- is a proceeding in which evidence is taken for the purpose of determining the facts of a dispute and reaching a decision based on evidence.

Mediation- is a confidential, less formal process than court or arbitration in which a mediator, a professional neutral, assists the parties in reaching his or her own settlement.

Mini-trial- is a confidential process, a “trial run” for informational purposes which is intended to facilitate settlement.

Negotiation- is a process in which disputants discuss, debate and/or explore with one another in order to arrive at agreements or settlements.

Neutral- as used on this site, refers to a person who is not engaged on any side of a dispute and not aligned with any of the parties. An impartial person available to facilitate the resolution of disputes.