CPR Rules for Non-Administered Arbitration

ARBITRATION
arbitration, n. A method of dispute resolution involving one or more neutral third parties who
are usu. agreed to by the disputing parties and whose decision is binding. Also termed
(redundantly) binding arbitration. Cf. MEDIATION(1). [Cases: Arbitration 1. C.J.S. Arbitration
23.] arbitrate,vb. arbitral,adj.
ad hoc arbitration. Arbitration of only one issue.
adjudicative-claims arbitration. Arbitration designed to resolve matters usu. handled by courts
(such as a tort claim), in contrast to arbitration of labor issues, international trade, and other fields
traditionally associated with arbitration.
compromissory arbitration. An international arbitration grounded on a mutual promise to
define the scope of the dispute and abide by the arbitrator's decision. See COMPROMIS.
compulsory arbitration. Arbitration required by law or forced by law on the parties.
final-offer arbitration. Arbitration in which each party must submit a final offer to the
arbitrator, who may choose only one. This device gives each party an incentive to make a
reasonable offer or risk the arbitrator's accepting the other party's offer. The purpose of this type of
arbitration is to counteract arbitrators' tendency to make compromise decisions halfway between
the two parties' demands.
grievance arbitration. 1. Arbitration that involves the violation or interpretation of an existing
contract. The arbitrator issues a final decision regarding the meaning of the contractual terms.
2.Labor law. Arbitration of an employee's grievance, usu. relating to an alleged violation of the
employee's rights under a collective-bargaining agreement. The arbitration procedure is set out in
the collective-bargaining agreement. Grievance arbitration is the final step in grievance procedure.
Also termed rights arbitration. See GRIEVANCE PROCEDURE. [Cases: Labor Relations
434.5.]
The great majority of today's collective bargaining agreements provide for an impartial
arbitrator to hear and decide grievances under the bargaining agreement. The details of grievance
arbitration vary considerably among agreements. Douglas L. Leslie, Labor Law in a Nutshell 264
(3d ed. 1992).
interest arbitration. Arbitration that involves settling the terms of a contract being negotiated
between the parties; esp., in labor law, arbitration of a dispute concerning what provisions will be
included in a new collective-bargaining agreement. When the parties cannot agree on contractual
terms, an arbitrator decides. This type of arbitration is most common in public-sector collective
bargaining.
judicial arbitration. Court-referred arbitration that is final unless a party objects to the award.
rights arbitration. See grievance arbitration.
voluntary arbitration. Arbitration by the agreement of the parties.
ARBITRATION ACT
arbitration act. A federal or state statute providing for the submission of disputes to arbitration.
[Cases: Arbitration 2. C.J.S. Arbitration 4.]

ARBITRATION AND AWARD

arbitration and award. An affirmative defense asserting that the subject matter of the action
has already been settled in arbitration.
ARBITRATION BOARD
arbitration board. A panel of arbitrators appointed to hear and decide a dispute according to
the rules of arbitration. [Cases: Arbitration 26. C.J.S. Arbitration 60, 62.]