Elements of a Typical Arbitration Hearing Analysis

Elements of a Typical Arbitration Hearing
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Elements of a Typical Arbitration Hearing
Arbitration is a method of alternative dispute resolution that has been provided for under the Federal Arbitration Act. Alternative dispute resolution represents alternatives to traditional litigation. Therefore, instead of conflicting parties proceeding to court, they decide to have their dispute arbitrated. Unlike other dispute resolution methods like mediation and negotiation, arbitration decisions are binding. The binding nature of arbitration is expressed when the decision reached resolves the dispute even when the parties disagree with it. Moreover, an Arbitrator’s decision is less likely to warrant an appeal or modification. The main reason why arbitration is often preferred is that it avoids the time and high costs of litigating a dispute. This essay will discuss the proper order for arbitration hearings.
An arbitration process begins when one party to a dispute initiates the case by filing. After filing the claim, arbitrator selection begins. After the appointment of arbitrators, the parties proceed to a preliminary hearing. At the preliminary hearings, discussions are held regarding the substantive issues of the case. In addition, information regarding witnesses is exchanged at this hearing. The parties then move to the hearing stage. At this stage, the parties are required to present their evidence and testimonies before the arbitrator.
The general practice is that parties that initiated the arbitration proceedings by filing claims represent their case first while the opposing party follows by presenting their defense (Gorske, 1959). In employment matters regarding disciplinary and discharge issues, the unions bear the burden of proving that the company has violated the terms of the contra...