Arbitration is a method of dispute resolution used as an alternative to litigation . It is commonly designated in collective agreements between employers and employees as the way to resolve disputes. The parties select a neutral third party (an arbiter) to hold a formal or informal hearing on the disagreement.
What exactly is arbitration?
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the judiciary courts . ... An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
What is arbitration in a union?
Arbitration is a form of dispute resolution. ... The parties involved in a dispute agree with the arbitrator’s ruling. In a unionized workplace, arbitration means resolving disputes that occur in the interpretation or application of a collective bargaining agreement between a union and an employer .
What is a labor arbitration?
Labour arbitration— the reference of disputes between management and labour unions to an impartial third party for a final resolution —is usually the last step under a collective-bargaining agreement after all other measures to achieve a settlement have been exhausted.
What is the difference between collective bargaining and arbitration?
The parties to arbitration generally agree in advance that the resulting award will be final and binding upon them . Most collective bargaining agreements contain a specific provision that addresses the arbitration of disputes. Sometimes an arbitrator will try to mediate a dispute prior to moving to arbitration.
What is a disadvantage of arbitration?
There are also some disadvantages of arbitration to consider: No Appeals : The arbitration decision is final. There is no formal appeals process available. ... Limited Discovery: In the event that arbitration is not filed until litigation has already begun, both parties lose the cost-saving advantage of limited discovery.
Is arbitration good for unions?
In short, the union experience shows that arbitration can be a fair process for resolving disputes —when it is actually agreed to, and engaged in, by two parties with relatively equal bargaining power.
Who appoints arbitrator?
In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.
How does an arbitrator make a decision?
The arbitrator listens to both sides, looks at the evidence you’ve sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it’s legally binding.
Why do we need arbitration?
Arbitration is generally the most efficient form of remedy for settlement of disputes amongst the parties , which actually does not require any long procedures of the Court for the decisions to be made. It is cost-efficient, it is time-saving, it also permits one to choose their own arbitrators.
Do I need a lawyer for arbitration?
The short answer is no, you do not need a lawyer in arbitration . However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer’s help in preparing and presenting your case.
How long does a arbitration take?
HOW LONG DOES ARBITRATION LAST? It usually takes several months for parties to do the necessary discovery and other work to prepare for an arbitration. The hearing itself will last anywhere from one day to a week or more.
What happens after arbitration decision?
Once the arbitrator decides that all of the parties’ evidence and arguments have been presented , the arbitrator will close the hearings. ... Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to “confirm” the arbitration award.
Is collective bargaining good or bad?
Collective bargaining has both advantages and disadvantages which can work for or against the parties involved. ... So long as the benefits outweigh the setbacks and employees get what they deserve without negative effects on the company’s resources and growth, collective bargaining can be a good thing.
What are the three models of collective bargaining?
What are the three models of collective bargaining? There are various different models of collective bargaining, including the monopoly union model, the right to manage model and the efficient bargaining model.
What is the goal of collective bargaining?
Collective bargaining is the process of negotiations between the company and representatives of the union. The goal is for management and the union to reach a contract agreement , which is put into place for a specified period of time.
