Arbitration

Question

Arbitration

Quizplus · Accepted Answer

Arbitration is a more formal process than mediation, as it involves presenting evidence to an arbitrator for a final, binding decision. In arbitration, both parties have a burden of persuasion to prove their case. This burden can be high or low depending on the type of arbitration being used. Arbitration is generally considered more adversarial than mediation, as it can involve cross-examination of witnesses and other elements of an adversarial trial. While arbitration is often voluntarily entered into by the parties, there are certain situations, such as when it is mandated by a contract, in which it is not voluntary.