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Description If you design a cartoon character for a book proposal and one year later, you notice that a company has stolen your artwork and claimed it their own, what do you do? Besides throwing a temper tantrum and feeling cheated and used, you must decide upon taking legal action towards the company. Who do you turn to? A lawyer? A mediator? An arbitrator? These days, many people are turning to arbitrators, who provide an excellent alternative to the court system. Arbitrators, sometimes called umpires, referees or third-party neutrals, facilitate and decide disputes that bind both labor and management to specific terms and conditions of labor contracts. Arbitration is a private and confidential practice designed for resolving fast, practical and economical settlements out of court. Arbitration is less formal than litigation since the arbitrator acts as a third party, listening, assessing and making sound decisions on each specific case without forming judgments. They must remain neutral in order to make just decisions on a case. Nowadays, people prefer not to take their cases to court for reasons of cost, privacy and time. They often choose an arbitrator for a less painful, more insightful settlement. Before the arbitration proceedings begin, both parties must agree on all stipulations in the case and to let the arbitrator make a final decision. Arbitrators hold proceedings in private, unlike the public forum of a court where personal information about your business and personal affairs becomes public knowledge. Unless both parties agree to make information public, it will remain confidential between the disputers and the arbitrator. Arbitrators are like judges because they are in charge of settling cases (even though an arbitrator's courtroom can be anywhere) however, they often specialize in a specific area of arbitration such as family disputes, land ownership or property disputes. Arbitrators usually charge much less than a lawyer, therefore many individuals who cannot afford court proceedings must turn to an arbitrator. Arbitrators are highly trained in personal skills and they offer a higher chance of maintaining goodwill between the parties and finding a solution that will make both parties satisfied. Acting on principles of Alternative Dispute Resolution (ADR), arbitrators are constantly looking to create win-win situations, finding compromise for both parties. An arbitrator's decision in each case is legally binding, therefore both sides of the dispute must act upon what the arbitrator decides. Arbitrators make their decisions based on facts, evidence and the law. Arbitrators often work part time as arbitrators and part time in different professions and contract their services when needed. |
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