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American Arbitration: A Binding Form of Dispute Resolution

Tuesday, May, 17, 2011


A key benefit of arbitration lies in its binding nature.  Since the decision issued by an arbitration attorney is considered final in most cases, both parties are spared the prospect or threat of a lengthy and expensive court process.  There are of course some forms of arbitration that lack this feature; school districts and their employees can sometimes enter into non-binding arbitration proceedings in an effort to resolve contract disputes.  However, in most cases the process of arbitration includes the provision that the decision reached by the arbitration attorney be considered final by both parties.

 

American Arbitration: Growing Trends

 

It used to be common for parties in dispute to resort to the courts to seek relief and redress.  Now, however, it is becoming more and more common for arbitration to replace the judicial process.  This is due in part to the inherent advantages of arbitration in terms of speed and affordability. 

 

However, this increase in the use of arbitration is equally due to the growing inclusion of arbitration clauses in contracts of all sorts.  Employment contracts now frequently specify that any disagreements over terms or their implementation will be resolved only by binding arbitration.  Such clauses are standard issue now in most credit card and consumer credit contracts.  More recently, consumers purchasing contract services such as cell phone service are required to agree to arbitration in advance.

Find an Arbitration Attorney in the National Aribtration Directory.