Arbitration is a way to resolve disputes without going to court. Arbitration has been used for many years to resolve employment disputes between an employer and a union. Now arbitration is used for virtually any type of dispute including (but not limited to) property disagreements, medical malpractice claims, and landlord tenant disagreements

Arbitrator

An arbitrator is a neutral person who is selected by the parties to resolve the dispute. The arbitrator typically has a background in the legal area surrounding the dispute.

Arbitrator's Award

An arbitrator’s award is the written decision the arbitrator gives to the parties in dispute after conducting the arbitration hearing. The arbitrator must take all of the evidence into consideration that was presented at the hearing before writing the award. The award is to be decided in accordance with the law and the facts of the case. The award is final and binding on the parties in dispute.

Arbitration Hearing

 An arbitration hearing is conducted by an arbitrator. The hearing is informal and the parties to the dispute (employer and employee) are allowed to state their case and present witnesses and evidence at the hearing. The arbitrator makes a decision (award) based on the testimony and evidence presented at the hearing.

Cross Examination

During an arbitration hearing witnesses are asked questions by the parties to the dispute.   When a witness is questioned by the other side this questioning is called cross exam or cross examination.

Direct Examination

During an arbitration hearing witnesses are asked questions. When a witness is testifying for a party (employer or employee) if that party is asking the witness questions it is called direct exam or direct examination. When the opposing side asks the same witness questions it is called cross exam or cross examination. Cross examination of a witness occurs after direct examination of a witness.

Discovery

 Discovery is the time before the arbitration hearing when each side (party) attempts to discover all the relevant facts of the case. For instance, each side will want to see the documents that will be submitted at arbitration before the arbitration hearing.