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Legal Definitions - binding arbitration

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Definition of binding arbitration

Definition: Binding arbitration is a method of resolving disputes where one or more neutral third parties, agreed upon by the disputing parties, make a final decision that both parties must follow.

For example, if two companies have a disagreement over a contract, they may choose to use binding arbitration to resolve the issue. They would agree on an arbitrator who would listen to both sides and make a final decision that both companies must follow.

Binding arbitration is different from mediation, where a neutral third party helps the disputing parties come to a mutually agreed-upon solution, but the decision is not binding.

Other types of arbitration include:

  • Ad hoc arbitration: Arbitration of only one issue.
  • Compulsory arbitration: Arbitration required by law or forced by law on the parties.
  • Final-offer arbitration: Arbitration in which each party must submit a “final offer” to the arbitrator, who may choose only one.
  • Grievance arbitration: Arbitration that involves the violation or interpretation of an existing contract.
  • Interest arbitration: Arbitration that involves settling the terms of a contract being negotiated between the parties.
  • Judicial arbitration: Court-referred arbitration that is final unless a party objects to the award.
  • Voluntary arbitration: Arbitration by the agreement of the parties.

These different types of arbitration are used in various fields, such as labor law, international trade, and other areas where disputes may arise.

The examples illustrate the definition by showing how binding arbitration is used to resolve disputes between parties who have agreed to use this method. The arbitrator's decision is final and binding, meaning both parties must follow it, even if they do not agree with it.

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Simple Definition

Binding arbitration is a way to solve a disagreement between two or more people. They agree to have a neutral third party make a decision that everyone has to follow. This is different from mediation, where the third party helps the people come to a decision but it's not binding. There are different types of arbitration, like grievance arbitration for labor disputes or interest arbitration for negotiating contracts. Binding arbitration can be voluntary or required by law.

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