ARBITRATION
This is an alternate process to the court. Arbitration can be used in place of having a motion or a trial.
The “arbitrator” is retained by the parties (and paid for by the parties), and is a third party neutral who will “rule” on the issues presented.
Arbitration may take the format of a “hearing”, similar to court, where evidence is given under oath, and witnesses called.
The parties, with their lawyers, and the arbitrator, will agree on the format in advance, and sign an arbitration agreement.
The arbitrator’s decision is legally binding, and can be enforced as if it was a court order. The advantage to this process is that the parties control the format, and it results in a final resolution much quicker than the court process. Given that the process can be streamlined, arbitration can be less costly to the parties than proceeding through the court.