What is a characteristic of arbitration?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A defining characteristic of arbitration is the involvement of a neutral third party, known as the arbitrator, who oversees the process. This neutral individual is typically experienced in the subject matter at hand and is tasked with ensuring that both parties have the opportunity to present their case fairly. The presence of this impartial figure is essential because it helps to maintain the integrity of the arbitration process, establishing a level playing field for all involved.

In addition, arbitration is commonly used in various contexts, including commercial disputes, labor disagreements, and international conflicts, providing a structured avenue for resolution that is often more efficient than traditional litigation. The neutral arbitrator's final decision, or award, is typically binding, meaning that the parties are obligated to comply with it, further highlighting the role of the neutral party in reaching a resolution that holds legal significance.

Understanding the function of the neutral third party clarifies why the other options do not accurately portray a primary characteristic of arbitration. While arbitration can indeed be voluntary, it is also frequently stipulated by contract, which contrasts with the notion of being purely voluntary. The idea that it cannot result in binding decisions is incorrect, as many arbitration agreements specify that the arbitrator's decision will be binding. Lastly, while arbitration can be informal compared to court proceedings

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